ASHOK KUMAR GUPTA versus VIJAY KUMAR AGRAWAL

ASHOK KUMAR GUPTA versus VIJAY KUMAR AGRAWAL

Where the landlord does not fall under any of the categories specified in Section 23-J, the civil court has jurisdiction to entertain the counter claim for eviction under Section 12(1)(e) of the M.P. Accommodation Control Act, and a decree passed by the civil court is not vitiated for want of jurisdiction.

Parties
Appellant: Ashok Kumar Gupta; Respondent: Vijay Kumar Agrawal; Respondent: Niraj Sharma
Jurisdiction
India
Judgment Date
28 February 2002
Procedural Posture
Civil Appeal / Final Judgment
Outcome
Appeal dismissed
Legal Topics
Eviction, Jurisdiction of Civil Court, Counter Claim, Bona Fide Requirement
Civil Law Tenancy Law Eviction Jurisdiction of Civil Court Counter Claim Bona Fide Requirement

Case Brief

Summary, issues, holding and outcome

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Parties

Ashok Kumar Gupta

Appellant

Vijay Kumar Agrawal

Respondent

Niraj Sharma

Respondent

Procedural Posture

Civil Appeal / Final Judgment

Legal Issues

  1. 1 Whether the civil court has jurisdiction to entertain a counter claim for eviction under Section 12(1)(e) of the M.P. Accommodation Control Act when Section 23-A provides for application to Rent Controlling Authority
  2. 2 Whether landlord not falling under categories specified in Section 23-J can seek decree of eviction in civil court on ground of bona fide requirement

Ratio Decidendi

Where the landlord does not fall under any of the categories specified in Section 23-J, the civil court has jurisdiction to entertain the counter claim for eviction under Section 12(1)(e) of the M.P. Accommodation Control Act, and a decree passed by the civil court is not vitiated for want of jurisdiction.

Court Disposition

Appeal dismissed

Orders

  • Appellant granted time till August 31, 2002 to vacate suit premises and hand over peaceful possession to respondent, subject to filing an undertaking within four weeks from date of order.
  • No order as to costs.