IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA th ON THE 24 OF JULY, 2025 SECOND APPEAL No. 311 of 2015 SANTOSH KUSHWAH AND OTHERS Versus KALLU KUSHWAH AND OTHERS Appearance:

Mr. Rohit Bansal - Advocate for appellants.

Mr. Gaurav Mishra - Advocate for respondents.

JUDGMENT This second appeal under Section 100 of CPC has been filed against judgment and decree dated 17.07.2015 passed by II Additional District Judge, Vidisha in Civil Appeal No. 72-A/2014, as well as judgment and decree dated 06.08.2014 passed by IV Civil Judge, Class-II, Vidisha in Civil Suit No. 29A/2014.

2. The facts necessary for disposal of present appeal, in short, are that plaintiffs filed a suit for eviction as well as for recovery of rent on the ground that defendants were inducted as tenants on a monthly tenancy of Rs. 200/- per month. Defendants were irregular in making payment of rent. Father of plaintiffs had expired about three years ago, and thereafter, defendants had paid rent only once, and from October 2009, defendants have not paid any rent. It was also pleaded that plaintiffs are three brothers, and they don't have any source of livelihood, therefore, the su