NAZARUDDIN Vs. ISMAILE HUSSAIN

JUDGEMENT

(1.) This revision under Sec. 23E of the Chhattisgarh Accommodation Control Act, 1961 (for short, "the Act") has been directed against the order dated 18-6-2001 passed by the Rent controlling Authority (for short, "the Authority"), Rajnandgaon in case No. 2A/90 of 1993-94, whereby he allowed the application of non-applicant under Sec. 23A of the Act for recovery of possession of the suit house.

(2.) Non applicant Ismaile Hussain Phatami is the landlord of suit accommodation whereas applicant Nazaruddin as a tenant is continuing possession over the suit premises. The suit accommodation has been let for residential and non-residential purpose to the applicant. All these facts have not been disputed. Non-applicant was the Deputy Manager in Bhilai Steel Plant, Bhilai, who retired on 31-9-92, therefore, claiming himself to be a landlord under Sec. 23-J of the Act, filed an application for evicting the applicant from suit accommodation on the ground that he bonafide requires the suit house for his and his son's residential and non-residential purposes.

(3.) Applicant denied the claim and raised the plea (hat non-applicant did not give the details of his ownership as also he does not require the suit accommodation for his and his son's residential or business purposes.