IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE ROOPESH CHANDRA VARSHNEY th ON THE 24 OF APRIL, 2024 SECOND APPEAL No. 94 of 2010 BETWEEN:-

1. RAMESH CHAND SAXENA S/O LATE KANHAIYA LAL SAXENA (DEAD) THROUGH LRS I ) SANJEEV S/O LATE SHRI RAMESH CHAND SAXENA, AGED ABOUT 36 YEARS, OCCUPATION: PRIVATE SERVICE R/O HOUSE NO. 198 GENDEWALI SADAK JIWAJI GANJ LASHKAR GWALIOR, AT PRESETN B BLCOK 854 ANAND NAGAR GWALIOR (MADHYA PRADESH)

II) RUPESH S/O LATE SHRI RAMESH CHAND SAXENA, AGED ABOUT 26 YEARS, OCCUPATION: PRIVATE SERVICE R/O HOUSE NO. 198 GAINDEWALI SADAK JIWAJIGANJ LASHKAR GWALIOR AT PRESENT ADDRESS B BLOCK 854 ANAND NAGAR, GWALIOR (MADHYA PRADESH)

III) DEEPTI SAXENA W/O SHRI BRIHAM SWAROOP SAXENA D/O LATE SHRI RAMESH CHAND SAXENA R/O BABARPUR, ITAWAH (UTTAR PRADESH)

IV) PREETI SAXENA W/O SHRI VIVEK SAXENA D/O LATE SHRI RAMESH CHAND SAXENA R/O BYPASS ROAD SHIVPURI (MADHYA PRADESH)

V) PRATIBHA SAXENA W/O SHRI VISHAL SAXENA D/O LATE SHRI RAMESH CHAND SAXENA R/O SAXENA COLONY INDORE (MADHYA PRADESH)

2. MOOLCHAND SAXENA (DIED) S/O LATE SHRI KANHAIYA LAL SAXENA (DELELTED) LRS I . SMT. ANITA SAXENA W/O LATE SHRI MOOLCHAND SAXENA, AGED ABOUT 50 YEARS, OCCUPATION: HOUSE WIFE R/O SOOBE KI PAIGA, JIWAJIGANJ NEAR POLICE CHOWKI LASHKAR GWALIOR (MADHYA PRADESH)

II. SMT. POONANM SAXENA D/O LATE SHRI MOOLCHAND SAXENA, AGED ABOUT 25 YEARS, Signature Not Verified Signed by: PRINCEE OCCUPATION HOUSE WIFE R/O NATOBAI KA BADA, GANESH PURA MORENA (MADHYA PRADESH)

III. ASHISH SAXENA S/O LATE SHRI MOOLCHAND SAXENA, AGED ABOUT 23 YEARS, OCCUPATION: STUDENT, R/O SOOBE KI PAIGA JIWAJIGANJ NEAR POLICE CHOWKI LASHKAR GWALIOR (MADHYA PRADESH)

.....APPELLANTS (BY SHRI SANTOSH AGRAWAL- ADVOCATE)

AND

1. NATHURAM MISHRA S/O SHRI HEERALAL MISHRA (DEAD) THROUGH LRS A . SMT. RAMSHRI DEVI W/O LATE SHRI NATHURAM MISHRA, AGED ABOUT 80 YEARS, OCCUPATION: HOUSE WIFE (ALREADY ON RECORD AS RESPONDENT NO.2)

B. ASHOK KUMAR MISHRA S/O LATE SHRI NATHURAM MISHRA, AGED ABOUT 60 YEARS, OCCUPATION: AGRICULTURIST C. VINOD KUMAR MISHRA S/O LATE SHRI NATHURAM MISHRA, AGED ABOUT 58 YEARS, OCCUPATION: GOVT. TEACHER D. ANUP KUMAR MISHRA S/O LATE SHRI NATHURAM MISHRA, AGED ABOUT 56 YEARS, OCCUPATION: PRIVATE JOB E. MANOJ KUMAR MISHRA S/O LATE SHRI NATHURAM MISHRA, AGED ABOUT 54 YEARS, OCCUPATION: PRIVATE JOB (AGENT)

F. DILIP KUMAR MISHRA S/O LATE SHRI NATHURAM MISHRA, AGED ABOUT 49 YEARS, OCCUPATION: SERVICE ALL R/O SUBE KI PAYEGA JIWAJIGANJ LASHKAR, DISTRICT GWALIOR (MADHYA PRADESH)

G. SMT. ANJANA D/O LATE SHRI NATHUR RAM W/O MANOJ PACHAURI AGED 52 YEARS OCCUPATION- DOMESTIC WORK R/O CHAUHAN PYAYU KE PASS THATIPUR, MORAR GWALIOR (MADHYA PRADESH)

2. SMT. RAMSEWI DEVI W/O SHRI NATHURAM Signature Not Verified Signed by: PRINCEE MISHRA (DELETED)

3. BRIJRAJ BHATNAGAR S/O SHRI KUNJ VIHARILAL BHATNAGAR ((DEAD))

.....RESPONDENTS (BY SHRI N.K.GUPTA SENIOR ADVOCATE WITH MS. RASHI KUSHWAH-

ADVOCATE FOR LRS OF RESPONDENT NO.1)

This appeal coming on for hearing this day, the court passed the following:

ORDER

This second appeal under Section 100 of C.P.C. has been filed by the appellants/ judgment debtors being aggrieved by the judgment and decree passed in Civil Appeal No.24-A/2009 by the Third Additional District Judge, Gwalior confirming the order dated 12/10/2009 passed by the Eight Civil Judge, Class-II, Gwalior in Civil MJC No.02/2009 whereby the application filed by the appellants/judgment debtors under Section 47, Order 21 Rule 96, 97, 99, 100, 101 of C.P.C. and Section 12(4) of M.P. Accommodation Control Act, 1961 (in short, Act) has been dismissed.

2. The facts necessary for the disposal of the present appeal in brief are that the respondent No.3 got an eviction decree on 01/09/1977 against the appellants/defendants in respect of suit premises on the grounds mentioned in Section 12(i)(a) and (e) i.e. willful default in payment of rent and bonafide need of the landlord. The first appeal filed by the appellant/defendant No.1 against this decree was dismissed in non-appearance on 02/08