IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL

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ON THE 15 OF OCTOBER, 2025 SECOND APPEAL No. 1119 of 2013 NARESH PRASAD GUPTA Versus MADHUR GOLANI Appearance:

Shri Vikram Johari - Advocate for the appellant. Shri Ankit Saxena - Advocate for the respondent.

JUDGMENT This second appeal has been preferred by the appellant/plaintiff challenging the judgment and decree dated 13/11/2013 passed by First Additional Judge to the Court of First Additional District Judge, Bhopal in RCA No.159/2013 reversing the judgment and decree dated 21/2/2013 passed by Third Civil Judge Class-I, Bhopal in RCS No.29A/2010, whereby Trial Court decreed the plaintiff's suit for eviction of shop No.78-B by holding the respondent/defendant to be a licensee in the suit shop and in civil appeal preferred by the respondent/defendant, First Appellate Court by reversing the judgment and decree of Trial Court, dismissed the suit by holding the defendant to be a tenant in the shop.

2. In short, the facts are that the plaintiff had instituted the suit with the allegations that the defendant was inducted in the shop as a licensee by way of written agreement of license dated