IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 8 OF JANUARY, 2026 SECOND APPEAL No. 26 of 2024

SATISH KUMAR JAIN

Versus

NEERAJ KUMAR AND OTHERS

Appearance:

Shri Gaurav Mishra, Advocate for the appellant.

Shri Sarvesh Kumar Sharma, Advocate for respondents

ORDER suit for eviction was filed on various grounds. The trial Court by judgment dated dated 26/6/2023 passed in RCSA No.54/2020 dismissed the suit, which has been set aside by the appellate Court and a decree under section 12(1)(a) of Act has been passed.

This second appeal, under section 100 of CPC, has been filed against the

judgment and decree dated 14/12/2023 passed by Principal District Judge, Ashoknagar in RCA No.33/2023, by which judgment and decree dated 26/6/2023 passed by I Additional Judge to the Court of I Civil Judge, Junior Division, Ashoknagar in RCSA No.54/2020 has been set aside and decree for eviction under section 12(1)(a) of the M.P. Accommodation Control Act (for short "the Act") has

been passed by the appellate Court.

2. By order dated 10/1/2024, this appeal was admitted on the following

substantial question of law:-

"Whether learned appellate erred in recording the perv