USHA JOSHI Vs. SAROJ AWASTHI

JUDGEMENT

(1.) This revision under Section 23-E of the Chhattisgarh Accommodation Control Act, 1961 (henceforth "the Act") has been filed by the tenant (applicant) against the order dated 28-2-2006 passed by the Rent Controlling Authority, Bilaspur (henceforth "the Authority"), in case No. 6/ A-90 (6)/2003-04, vide which recovery of possession and arrears of rent has been allowed in favour of non-applicant.

(2.) Facts material for disposal of this revision are that non-applicant Smt. Saroj Awasthi claiming herself to be a landlord in accordance with Section 23-J of the Act filed an application under Section 23-A of the Act for eviction of applicant-tenant from the suit accommodation, inter alia pleading that she bona fide require the accommodation for her residential purpose. The accommodation has been rented @ Rs. 800.00 per month to tenant (applicant) who, despite service of notice by registered post did not vacate the suit accommodation.

(3.) Applicant after obtaining permission to contest the application for eviction filed by non-applicant filed written statement. Tenant-applicant in her written statement disputed the relationship between non-applicant and herself being landlord and tenant and also stated that non-applicant is residing in her another house situated at Devnandan Nagar along with her family and does not require the suit accommodation bona fide.