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NEUTRAL CITATION NO. 2026:MPHC-GWL:4269

1 SA-3156-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE G. S. AHLUWALIA

th

ON THE 29 OF JANUARY, 2026

SECOND APPEAL No. 3156 of 2025

RAJENDRA KUMAR BANSAL AND ANOTHER

Versus

GANESHILAL BANSAL

Appearance:

Shri Harish Dixit - Senior Advocate, assisted by Shri S.K. Khare - Advocate for

appellants.

JUDGMENT

This second appeal under Section 100 of CPC has been filed against

th

the judgment and decree dated 29/09/2025 passed by 12 District Judge,

Gwalior, in R.C.A. No. 367/2024 as well as judgment and decree dated

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24/10/2024 passed by 14 Civil Judge, Junior Division, Gwalior, in

R.C.S.A. No. 2600005/2015.

2. Appellants are tenants who have lost their case from both the Courts

below.

3. The facts necessary for disposal of present appeal, in short, are that

respondent/plaintiff Ganeshilal Bansal filed a suit for eviction pleading inter

alia that he is the owner and in possession of a double-storey building. The

space marked in green color with open space was given by plaintiff to

defendant No. 1 in the year 1988 on tenancy. Defendant No. 1 is the nephew

of plaintiff and since he was working in the firm of plaintiff, therefore, part

of the building marked as green color in the plaint map was given to him for

Signature Not Verified

Signed by: ALOK KUMAR

Signing time: 04-02-2026

05:36:08 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4269

2 SA-3156-2025

residential purposes. Thereafter, looking to the personal requirement of

defendant No. 1, upper portion of the property was also let out to him in the

year 2002. The ground floor, which was earlier let out to defendant No. 1,

was on a monthly rent of Rs. 2,000/-, whereas first floor of the building was

let out on a monthly rent of Rs. 1,000/-, exclusive of water and electricity

charges. It was further pleaded that remaining portion of the property, which

is marked with red color, is also double-storey and was in possession of the

plaintiff right from very beginning. In the year 2013, a case was registered by

the electricity department against defendant No. 1, therefore, plaintiff came

to know that defendant No. 1 is committing theft of electricity, and that was

the beginning of sour relationship between the plaintiff and defendant No. 1.

Later on, plaintiff removed defendant No. 1 from service, and under an

apprehension that plaintiff may dispossess defendant No. 1, defendant No. 1

lodged a false report in Police Station Morar in the month of February, 2013

alleging that the entire property has been purchased by him. Accordingly, a

case under Sections 107, 116 of Cr.P.C. was registered, and plaintiff and his

sons were directed to remain present before the S.D.M., Morar. On

15/08/2013, plaintiff also received an information that defendant No. 1, after

breaking open the lock, has also taken forcible possession of the part of the

property, which was marked with red color, and has started a school in the

name of Glossy Star Public School, whereas the property marked with red

color was never let out by plaintiff to defendant No. 1. Plaintiff made

complaints to the police station and educational officers, but no action was

taken. Accordingly, a registered notice dated 30/08/2013 was sent to

Signature Not Verified

Signed by: ALOK KUMAR

Signing time: 04-02-2026

05:36:08 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:4269

3 SA-3156-2025

defendant No. 1 and rent was demanded, but defendant No. 1 sent his reply

falsely claiming himself to be the owner of the property, and accordingly, it

was prayed that plaintiff is entitled for a decree under Section 12(1)(c) of the

M.P. Accommodation Control Act. It was also pleaded that in the month of

January 2013 as well as in the month of March 2013, defendant No. 1 has

also forcibly taken possession of the part which was never let out to him, and

accordingly, plaintiff is also liable to be evicted under Sections 12(1)(b) and

12(1)(o) of the M.P. Accommodation Control Act. Accordingly, the suit was

filed for eviction of defendant No. 1 under Sec