IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE G. S. AHLUWALIA

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ON THE 18 OF FEBRUARY, 2026 SECOND APPEAL No. 206 of 2005 NARENDRA KUMAR VYAS Versus KALYAN SINGH CHAUHAN Appearance:

Shri Harish Dixit - Senior Advocate, assisted by Shri Parth Dixit - Advocate for appellant.

None for respondent.

JUDGMENT This second appeal under Section 100 of CPC has been filed against judgment and decree dated 01.11.2004 passed by Fourth Additional District Judge (Fast Track) Shivpuri in Civil Appeal No. 109-A/2004, by which judgment and decree dated 28.08.2001 passed by First Civil Judge, Class-II, Shivpuri in Civil Suit No. 14-A/1997 was reversed and decree under Section

12(1)(a) of M.P. Accommodation Control Act has been passed.

2. By order dated 25.02.2014, this appeal was admitted on following substantial questions of law:

"(a) Whether in the absence of an issue on the ground under Section 12(1)(a) of the M.P. Accommodation Control Act, the learned first appellate court was justified in decreeing the suit against the appellant/tenant?

(b) Whether the finding about rate of rent was perverse owing to admission of the plaintiff himself in the rent note (Ex.D/1) executed in fa