SUBHASH CHANDRA Vs. GULAB BAI & ORS.

JUDGEMENT

(1.) Leave granted.

(2.) The short question that falls for determination in these appeals is whether a retired Municipal Corporation employee can also maintain an application for eviction under Chapter III-A of the Madhya Pradesh Accommodation Control Act, 1961 and, in particular, whether any such 'retired employee' is an employee of a 'company owned or controlled by the State Government' within the meaning of Section 23-J(ii) of the Act aforementioned. A Full Bench of the High Court of Madhya Pradesh at Indore has by a 2:1 decision answered the said question in the negative and declared that 'retired employees' of Municipal Corporation will not be covered under Section 23-J (ii) of the Act to maintain an application for eviction under Chapter III-A thereof.

(3.) We have heard Mr. Seshtalpa Sai Bandaru, learned counsel for the appellant and Mr. S.K. Dube, learned senior counsel appearing as Amicus on behalf of the respondents. We also had the advantage of going through the judgment and order under challenge and several other decisions rendered by the High Court of Madhya Pradesh including those rendered in Ranjit Narayan Haksar v. Surendra Verma, 1995 MPLJ 21 and Ghanshyam v. Subhash, 2011 ILR(MP) 2586.