GANGARAM & OTHERS Vs. MEHATLAL DHEEVAR

JUDGEMENT

(1.) In this revision under Section 23(E) of the CG Accommodation Control Act (for short 'the Act') the applicants/tenants have called in question the order of eviction passed by the Rent Controlling Authority, Mahasamund.

(2.) Non-applicant Mehatlal moved an application under Section 23-A of the Act for the applicants' eviction from the house situated at Ward No.20 bearing Khasra No. 1662/1 area 2009 sq. ft. on the ground that he is a retired Government servant and is the owner/Bhoomiswami of the land which is bonafidely needed for his own residence and he has no other accommodation for his residence.

(3.) From the order sheet of the Rent Controlling Authority, it appears that after receipt of summons the applicants appeared before the Rent Controlling Authority on 13-9-2010 and sought time to file reply. The matter was thereafter fixed for filing of reply on 29-9-2010, 23-10-2010, 25-10-2010 and thereafter on 30-10-2010. The order sheet of 30-10-2010 records that counsel for both the parties are present, however, notices in prescribed form have not been sent to the applicants/ tenants, therefore, the said notices be issued. The matter was again taken up on 15-11-2010 and thereafter on 22-11-2010. The applicants filed their reply on 24-11-2010, however, on the said date the Presiding Officer was not available and the matter was fixed for 26-11-2010.