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. 453 of 2003 GOPAL(DEAD) TH. L.R. KAMAL Versus DEVMURTI RADHA KRISHAN JI & ANR.

Appearance:

Mr. H.K.Shukla and Mr. Rajeev Shrivastava - Advocates for appellant.

Mr. M. L. Sharma - Advocate for respondent No. 1.

JUDGMENT This second appeal under Section 100 of the CPC has been filed against the judgment and decree dated 11/09/2003 passed by Fourth Additional District Judge, Gwalior, in Civil Appeal No. 22A/2003, as well judgment and decree dated 11/07/2002 passed by Third Civil Judge, Class II, Gwalior, in Civil Suit No. 290A/2001.

2. The facts necessary for disposal of present appeal, in short, are that plaintiff/respondent No. 1 filed a suit against appellant and respondent No. 2 for eviction under Sections 12(1)(a), 12(1)(b), 12(1)(c), 12(1)(f) and 12(1)(o) of the M.P. Accommodation Control Act. It was the case of plaintiff that plaintiff/respondent No. 1 is the owner of property in dispute. One shop belonging to plaintiff was let out to defendant No. 1 and rent of the same was being paid to Puran Chand, who was the accountant. From 08/11/1965, defe