SHANKAR ISRANI Vs. AMARJEET KAUR

JUDGEMENT

(1.) THE instant revision filed under Section 23-E of the C.G. Accommodation Control Act, 1961 (hereinafter referred to as "the Act of 1961") is directed against the eviction order dated 4-2-2008 passed by the Rent Controlling Authority, Raipur (henceforth "the R.C.A.") in Case No. 04/90 (8)/2006-07.

(2.) FACTS necessary for disposal of this revision are as under :- (i) The non-applicant/landlady, who is a widow, let out the suit premises, i.e., Shop No. A-1-A area 10 ft. x 20 ft. (200 sq. ft.) to the applicant on a monthly rent of Rs. 11000/- vide agreement dated 17-11-2005. On 5-9-2007, she filed an application under Section 23-A (b) of the Act of 1961 for eviction of the applicant/tenant. (ii) The applicant, after put in his appearance in the case, filed an application under Section 23-C of the Act of 1961 seeking leave of the RCA to contest the application for eviction on 3-10-2007. The leave was refused by the RCA and consequently, after recording the statement of non- applicant, the impugned eviction order has been passed. Hence, this revision.

(3.) PER contra, Shri R.K. Kesharwani, learned Counsel appearing for non- applicant, supported the order impugned.