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. 519 of 2003 RUSTAM KHAN Versus SARDAR SHRI JAYENDRA RAO Appearance:

Shri Harish Dixit - Senior Advocate with Nimish Hardeniya - Advocate for appellant.

Shri Abhishek Singh Bhadauria - Advocate for respondent.

ORDER

1. This second appeal under Section 100 of CPC has been filed against the judgment and decree dated 10/11/2003 passed by Fifth Additional District Judge, Gwalior, in Civil Appeal No.1-A/2003, as well as the judgment and decree dated 20/11/2002 passed by Fourth Civil Judge, Class- II, Gwalior, in Civil Suit No.286-A/1998, by which a decree for eviction under Section 12(1)(c) of M.P. Accommodation Control Act (denial of title)

has been passed.

2. The present appeal has been filed by the defendant, who has lost his case from both the Courts below.

3. The facts necessary for disposal of the present appeal, in short, are that the respondent/plaintiff filed a suit for eviction on the ground that the father of the defendant was the tenant of the plaintiff. The father of the defendant died on 01/08/1996 and thereafter the defendant became the tenant