IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA st ON THE 21 OF JANUARY, 2026 SECOND APPEAL No. 33 of 2004 HANUMAN PRASAD KADERE (DIED) THR. LRS.

Versus KESHAV PRASAD PANDEY Appearance:

Shri Rohit Bansal - Advocate for appellant (LRs.).

Shri Santosh Agrawal - Advocate for respondent.

JUDGMENT This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 01/01/2004 passed by the District Judge, Datia, in Civil Appeal No. 19A/2002, as well as judgment and decree dated 23/08/2002 passed by the Second Civil Judge, Class-I, Datia, in Civil Suit No. 43A/1996, by which a decree of eviction has been passed against the appellant under Sections 12(1)(b) and 12(1)(f)

of the M.P. Accommodation Control Act.

2. Original defendant/appellant Hanumandas died during the pendency of this appeal, and accordingly, his legal representatives are prosecuting this appeal.

3. The facts necessary for disposal of present appeal, in short, are that respondent/plaintiff filed a suit for eviction of appellant/defendant from the disputed shop situated in Datia, ahead of Quila. It is the case of plaintiff that earlier, on 14/06/1964, father of