IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE SANJEEV S KALGAONKAR ON THE 19TH OF FEBRUARY, 2026 SECOND APPEAL NO. 231 OF 2012 RAMCHANDRA AMLANI Versus SHRI VITTHAL DAS Appearance:

Shri V.K. Jain, Senior Advocate with Shri Manuraj Singh, advocate for appellant.

Shri Ashok Chitale, Senior Advocate with Shri Abhimanyu Sanap, advocate for respondent.

JUDGMENT

This second appeal under Section 100 of the Code of Civil Procedure, 1908 is filed partially aggrieved by the judgment and decree dated 10.02.2012 passed in Civil Regular Appeal No. 19 of 2011 by the IX Additional District Judge Indore, whereby the first appeal assailing the judgment and decree dated 30.08.2010 passed by IV Civil Judge Class I Indore was dismissed and judgment and decree for eviction of appellant/defendant was affirmed.

2. Vitthaldas Sethiya (the respondent in present second appeal) filed suit for eviction against Ramchand (the appellant in present second appeal) and Prakashchand from House No. 20, Santha Bazar No. 18 at Marothia Bazar Indore. According to the plaint averments, defendant Ramchandra is tenant in a shop and a room at monthly rent of Rs. 1300/-. The plaintiff had purchased t