JAWAHAR LAL NAGDEV Vs. SATTI BAI

JUDGEMENT

(1.) This is a revision by the tenant under Section 23-E of the C.G. Accommodation Control Act, 1961 (briefly, "the Act") against the order of eviction passed by the Rent Controlling Authority on the application of Smt. Satti Bai, widow under Section 23-A of the Act.

(2.) As per memo of revision, undisputed facts are that the applicant is a tenant of late Sabhag Chandra i.e. husband of the non-applicant, of the suit premises since last 26 years and after death of Sabhag Chandra, the non-applicant is his landlady. The premises was let out for non-residential purpose and is being used as such by the non-applicant. Monthly rent of the suit premises is Rs. 600/-. The non- applicant is a widow and comes in the category of landlord given in Section 23-J of the Act.

(3.) Case of the landlady is that the accommodation was let out for nonresidential purpose to the tenant by her husband late Sabhag Chand and after his death, entire property has been partitioned between legal representatives and the suit premises fell in her share, also lease deed was executed by Raipur Development Authority in her favour with the consent of her sons, and since then, she is the landlady of tenant. The tenant is in arrears of rent for 20 months. She further pleaded that she has no means of livelihood after the death of her husband, therefore, she requires bonafide the suit premises for business purposes which she will do with the help of her grand-son Ajay Kumar Khemani, son of deceased Dilip Kumar Khemani.