NAGENDRA KUMAR AGRAWAL Vs. HAKEEM BAI

JUDGEMENT

(1.) This revision under Section 23-E of the Chhattisgarh Accommodation Control Act, 1961 (for short, "the Act") is directed against the order dated 17-10-03 passed by the Rent Controlling Authority (for short, "Authority"), Raipur, in Case No. 6/90 (8) 2002-2003 whereby order for the recovery of possession in favour of landlord/respondent has been passed.

(2.) Respondent/landlord Smt. Hakeem Bai filed an application under Section 23-A of the Act for the recovery of possession of the suit accommodation on the ground that the suit accommodation is required bonafide by her for business of her son namely Falaz Abbas Saifi.

(3.) Petitioner/tenant on service of summons, within prescribed period filed an application supported by an affidavit stating the grounds on which he sought to contest the application for eviction to obtain leave from the Rent Controlling Authority in accordance with Section 23-C of the Act. The application was opposed by the landlord/respondent. Petitioner/tenant in his application stated that Falaz Abbas Saifi who is an Advocate is doing his business for the last 26-27 years in a part of house bearing No. 44/288. The said house is situated at main road and behind it a house with all facilities having 4500 sq. ft. Carpet area in his possession. Smt. Hakeem Bai is only a co-owner having 12.5% share in the said accommodation who is mentally and physically ill and is not competent to file an application. Only to enhance the rent from Rs. 1600/-(Rupees one thousand six hundred) to Rs, 5,000/- (Rupees five thousand) on false pretext this application for the recovery of the suit accommodation has been filed. Respondent/landlord although opposed the application, but did not deny, in a specific term, her share as stated by tenant/petitioner to be incorrect.