Madhya Pradesh High Court
Moolchand (Decd.) Thr. Lrs Smt. ... vs Gulabchand (Decd.) Thr. Lrs Smt. ... on 1 November, 2023
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
SA No. 320 of 2019
(MOOLCHAND (DECD.) THR. LRS SMT. ASHRAFIBAI W/O MOOLCHAND (DECD.) THR. SATYANARAYAN
AND OTHERS Vs GULABCHAND (DECD.) THR. LRS SMT. KAMLABAI (DECD.) THR. LRS KUNJBIHARI AND
OTHERS)
Dated : 01-11-2023
Shri A.S.Garg, learned senior counsel with Shri Jitendra Shukla,
learned counsel for the appellants.
Shri Dattatray Kale, learned counsel for the respondents.
Heard on the question of admission of cross objections filed by respondents no.1 to 8/plaintiffs.
Learned counsel for the respondents submitted that defendants have admitted tenancy as well as rate of rent, therefore, they were duty bound to deposit the rent as per Section 13 of the Madhya Pradesh Accommodation Control Act. Admittedly, the appellants did not deposit the rent therefore, they were not entitled for protection under Section 13 of the Madhya Pradesh Accommodation Control Act. Relying upon the judgment in the case of Jamnalal and others Vs. Radheshyam 2000 (2) MPLJ 385 and Manaram Vs. Omprakash and others 1990 JLJ 197, it is also submitted that even if appellants/defendants had denied ownership of plaintiffs, still then they were duty bound to deposit the rent. On above point, learned appellate Court has wrongly reversed the finding recorded by the learned trial Court. Further relying on the judgment of Shyamlal Agrawal and others Vs. Sardar Gurubachan Singh 1992 (2) MPLJ 288 it is urged that even after tenant takes plea that sale of agreement has been executed in his favour by the owner, still then he is required to deposit the rent as per Section 13 of Madhya Pradesh Accommodation Control Act. On above grounds, it is submitted that Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-11-2023 15:46:46 2 substantial questions as mentioned in para 6 of cross objections arise for determination of this Court.
Learned senior counsel for the appellants submits that the principles laid down in the case of Jamnalal (Supra) do not apply to the facts of the present case, as the principles therein can be applied with prospective effect and not retrospectively. Hence, no substantial question of law arises for determination of this Court.
I have gone through the record of the case including the evidence adduced by the parties, judgments passed by the Courts below and principles laid down in the case of Jamnalal (Supra) Manaram (Supra) and Shyamlal Agrawal (Supra).
In the considered opinion of this Court, the cross objections are admitted on the following substantial questions of law:-
(a) Whether in view of the judgment reported in 2000 (2) MPLJ 385 (Jamnalal and others Vs. Radheshyam) the first appellate Court was right in reversing the decree passed by the trial Court on the ground of Section 12(1)(a) of the M.P.Accommodation Control Act when admittedly no rent was paid within two months in spite of service of demand notice Ex.P/3 and no rent was deposited subsequently within one month from the date of service of summons as required by Section 13(1) of the Act particularly when no dispute regrading rate of monthly rent was raised by the appellants-tenants rather said monthly rate was admitted?
(b) Whether the first appellate Court was right in reversing the decree for eviction on the ground of non payment of rent when alleged dispute raised by the appellants relates to arrears of rent on the ground of adjustment and or payment to third party whose title was set up and ultimately they failed to prove their defence?
(c) Whether the first appellate Court was right in giving the benefit of the order dated 20.01.2007 to the appellants Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-11-2023 15:46:46 3 when said order was not passed fixing provisional rent under Section 13(2) of the Act and operation of Section 13(1) of the Act was not suspended by the said order nor the rent upto 1987 was deposited in the Court?
List after four weeks.
(ACHAL KUMAR PALIWAL) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 02-11-2023 15:46:46