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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Shaligram – Appellant
Versus
Ajay – Respondent
JUDGMENT :
PREM NARAYAN SINGH, J.
1. With consent of both the parties, the appeal is heard at motion stage at admission.
2. This Second appeal under Section 100 of Civil Procedure Code (for brevity, CPC) has been filed by the appellant against the impugned judgment and decree dated 11.12.2019 passed by the First Additional District Judge, Ratlam in Civil Appeal No.55/2019 confirming the Judgment and decree dated 02.07.2019 passed by Second Civil Judge, Class-II, Sailana, District Ratlam in Civil Suit No.26-A/2018.
3. The facts necessary for disposal of the present appeal in brief are that the appeal arises out of the suit filed by the respondent/plaintiffs for eviction in respect of the "suit house" which is situated at Karnataka Chouhara, Village Bajna, District Ratlam. It is pertinent to mention that the provisions of M.P. Accommodation Control Act are not applicable in village Bajna and therefore, the eviction was sought by taking recourse to the provisions of Section 106 of the Transfer of Property Act. The suit was filed by the respondent on the averment that the suit house was purchased by the respondent by a registered sale deed dated 05.03.2014. It was averred that the appellan
Concurrent findings of fact regarding landlord-tenant relationship upheld; second appeal dismissed due to lack of substantial question of law.
Point of law: The effect of Order XLI Rule 27(1)(b) CPC was considered in recording such observations. It was not an instance with reference to application of Order XLI Rule 27(1)(aa) CPC. This claus....
The case established the importance of evidence in establishing the relationship of landlord and tenant, and the liability for non-payment of rent under the Bihar Building (Lease, Rent & Eviction) Co....
The court established that eviction can be granted based on bona fide necessity when the tenant's claim of occupying multiple rooms is not substantiated by evidence.
Point of law: A question of law having a material bearing on the decision of the case (that is, a question, answer to which affects the rights of parties to the suit) will be a substantial question o....
The execution of an agreement of sale does not terminate the landlord-tenant relationship if rent continues to be paid, and evidence from a power of attorney holder is admissible if supported by docu....
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