ASHOK GUPTA Vs. LAYAK CHAND

JUDGEMENT

(1.) Petitioner has filed being aggrieved by order dated 26.04.2017 passed in Civil Suit No. 139- A/2014 by the Court of learned 4th Civil Judge, Class-I, Gwalior, whereby, an application field by the plaintiff under Order 23, Rule 1 Civil Procedure Code for withdrawal of suit against defendants No. 2 and 4 on the ground that they have compromised the matter with the petitioner, has been rejected.

(2.) It is the contention of the plaintiff that he is the master of the suit and it is his domain as to with whom he wants to compromise the suit and against whom he wants to continue the suit. Therefore, the trial Court erred in denying the compromise against defendants No. 2 and 4.

(3.) Learned counsel for the petitioner has placed reliance on Section 16 of the M.P. Accommodation Control Act, 1961 (hereinafter shall be referred to as "the Act") to point out that under certain cases sub-tenant can be treated as tenant and, therefore, the plaintiff was entitled to compromise the suit vis-a-vis defendants No. 2 and 4. 2 W.P.2866/2017. Learned counsel for the respondents No. 1 and 3, on the other hand, submits that there is no error or imperfection in the impugned order and in fact plaintiff is a blackmailer who has filed a depicting property of the defendant No. 1 to be his own property and had made specific averments in the plaint Annexure P/2 that plaintiff's father had purchased said property through a registered sale deed from one Dr. R.G. Dhumal on 28.12.1973 and his father had executed a will in favour of his wife Smt. Mayadevi, on the basis of which, Mayadevi became owner of the property on death of his father on 24.07.1975. His mother died on 23.03.1995 and he being the son on the strength of the will of the mother dated 09.03.1994, has become owner of the property.