IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA SECOND APPEAL No. 501 of 2003 SMT. RAJKUMARI VYAS & ORS.

Versus BRIJNANDAN AGRAWAL & ORS.

Appearance:

Shri J.P. Mishra - Advocate for appellants.

Reserved on : 21.01.2026 Pronounced on : 03.02.2026 JUDGMENT This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 04/11/2003 passed by Additional District Judge, Datia, in Regular Civil Appeal No. 24A/1999, as well as judgment and decree dated 30/07/1999 passed by First Civil Judge, Class-II, Datia, in Civil Suit No.

29A/1997.

2. The facts necessary for disposal of present appeal, in short, are that plaintiffs/appellants filed a suit for eviction on the ground that they are the owners and in possession of one suit shop situated in Bal Hanuman Ji Ka Mandir, near Head Post Office, Datia. It was claimed that temple is the private property of plaintiffs and it has three shops including the disputed shop as well as two more shops. The suit shop was let out to defendant/respondent No. 1 on 01/05/1980 on monthly rent of Rs. 40/-. It was let out for a period of ten months by late Shri Chhote Lal Vyas, husband of plainti