MANJU GHOSH Vs. M S BISEN

JUDGEMENT

(1.) This revision is directed against the order dated 15-7-2010 passed by the Rent Controlling Authority, Durg (briefly 'RCA') in case No. 10-A-90/ 2007-08 granting decree of eviction against the applicants under Section 23A of Accommodation Control Act, 1961 (briefly 'the Act').

(2.) Admittedly the non-applicant M.S. Bisen had purchased the suit accommodation on 20th March 2005 after his retirement on 30-4-98 from the post of Distt. Commandant Home Guards. Earlier proceeding under Section 23A of the Act were initiated on 12-7-2005. RCA granted the decree of eviction on 30-11-2005. There against the applicants preferred revision before this Court on the ground that the application under Section 23A of the Act filed before the RCA was premature and not maintainable in view of proviso to Section 23A of the Act wherein no application for eviction of the tenant was maintainable unless a period of one year had elapsed from the date of acquisition of the accommodation. The above revision was allowed by this Court vide its order dated 7-4-2008 and the eviction order passed on 30-11 -2005 was set aside.

(3.) Eviction petition in question was filed by the non-applicant after expiry of statutory period of one year under Section 23A of the Act. According to non-applicant, the applicants are residing in the suit accommodation as their tenant on monthly rent of Rs. 2000/-. Earlier applicants were tenants of late M.C. Tripathi. The suit accommodation was purchased by non-applicant vide registered sale deed dated 28-3-2005 from Smt. Gangashree Tripathi i.e. wife of late M.C. Tripathi and as such he became its owner and applicant's landlord.