FIROJUDDIN Vs BABU SINGH
Bench: DALVEER BHANDARI,DIPAK MISRA
Case number: C.A. No.-000250-000250 / 2012
Diary number: 2657 / 2011
Advocates: NIRAJ SHARMA Vs
SATISH KUMAR
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IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 250 OF 2012
(Arising out of SLP(C) No.5412/2011)
FIROJUDDIN & ANR. Appellant(s)
:VERSUS:
BABU SINGH Respondent(s)
O R D E R
Leave granted.
The appellants purchased the open and closed area
of House No.3, North Gafur Ki Bajariya, Indore by a
registered Sale Deed from Smt. Kaushar Farzana
daughter of Hakim Ajmal Khan of Indore. The
respondent herein was residing in the two rooms
constructed on the ground floor of the aforesaid
house on rent since the time of Smt. Kaushar
Farzana. The appellants-plaintiffs filed a suit for
possession by way of ejectment of the respondent-
defendant from the suit property and for payment of
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arrears of rent under Sections 12(1)(a), (e) & (c)
of the M.P. Accommodation Control Act, 1961. They
contended that the respondent-defendant has
defaulted in payment of rent and that they do not
have any other alternative suitable residential
accommodation in the City of Indore.
The Trial Court, inter alia, held that the
relationship of landlord and tenant between the
appellants-plaintiffs and the respondent-defendant
has been proved and the respondent-defendant was
held liable to pay arrears of rent. Being aggrieved
by the judgment and decree passed by the Trial
Court, the respondent-defendnt filed an appeal
before the Court of Additional District Judge,
Indore. The First Appellate Court holding that the
appellants-plaintiffs have bona fide requirement of
the suit property for residence, dismissed the
appeal filed by the respondent-defendant. The
respondent-defendant thereafter filed second appeal
before the High Court of Madhya Pradesh, Indore
Bench.
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The High Court held that “even if it be taken that
the title of the plaintiffs is duly established, on
the basis of the sale deed, but still unless and
until the relationship of landlord and tenant
between the parties is also established, the suit
for possession, by way of ejectment, could not have
been decreed.” Consequently, the appeal filed by the
respondent-defendant was allowed and the judgments
and decree of the Courts below were set aside by the
High Court. The appellants-plaintiffs are thus
before this Court by challenging the judgment and
order passed by the High Court of Madhya Pradesh,
Indore Bench.
We have heard the learned counsel for the parties
and have perused the impugned judgment and the
judgments of the Courts below.
It is not disputed that the suit property is in
possession of the respondent-defendant. The Trial
Court having held that the relationship of landlord
and tenant between the appellants-plaintiffs and the
respondent-defendant was proved and this finding
having been affirmed by the First Appellate Court,
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in our considered view, the High Court committed an
error by setting aside the judgments and decrees of
the Courts below and allowing the appeal of the
respondent-defendant.
Accordingly, the impugned judgment is set aside,
the judgment and decree passed by the Trial Court is
restored and the appeal is allowed. Parties are
directed to bear their respective costs.
However, as prayed for by the learned counsel for
the respondent, two years' time is granted to the
respondent to vacate the premises upon filing usual
undertaking in the Registry of this Court within
four weeks from today.
.....................J (DALVEER BHANDARI)
.....................J (DIPAK MISRA)
New Delhi; January 06, 2012.