ASHU DUTT Vs. BHAGWATI DEVI

JUDGEMENT

(1.) THIS revision is being disposed of finally at the stage of admission today with the consent of the parties. Heard. The applicant is aggrieved by an order dated 27.06.2006 passed by the Rent Controlling Authority (R.C.A.), Bilaspur in Case No.3/A-90(6)/2002-03. Learned counsel for the applicant has, during his arguments, contended that the impugned order is liable to be set aside since the application filed by the non-applicant before the R.C.A. on 2.6.2003 does not disclose a ground for eviction of the tenant under Section 23-A of the Chhattisgarh Accommodation Control Act, 1961 (hereinafter referred to as the Act). I have heard the rival contentions at length on the aforesaid objection raised by the learned counsel for the applicant.

(2.) SECTION 23-A which falls under Chapter III-A of the Chhattisgarh Accommodation Control Act, 1961 is a special provision for eviction of tenant on ground of bona fide requirement which ensures to the benefit of a landlord who falls within the category of the persons, mentioned in SECTION 23-J of the Act. It provides a speedy remedy to the special class of persons, enumerated under SECTION 23-J of the Act, to seek eviction of the tenant on ground of bona fide requirement for residence.

(3.) IT is thus clear that a landlord falling within the category of Section 23-J of the Act may file application on the ground of bona fide requirement for occupation as residence for himself or for any member of his family, or for any person for whose benefit the accommodation is held and that the landlord or such person has no other reasonably suitable residential accommodation of his own in his occupation in the city or town concerned. The non-application-landlord filed an application under Section 23-A of the Act on 2.6.2003 before the Rent Controlling Authority, Bilaspur. Paragraphs 4 and 5 of the application read as under: Grounds No.4 and 5 mentioned above do not even have a whisper that the landlord needs the accommodation bona fide for occupation as residence for himself or for any member of his family. Shri K.A. Ansari, learned Senior Counsel for non-applicant had next pointed out that although a specific ground for eviction of the tenant on the ground of bona fide requirement for residence for herself or for any member of her family is not disclosed by the application filed before the Rent Controlling Authority, yet paragraphs 7 and 11 of the notice sent by the landlord to the applicant-tenant by itself constitutes a valid ground under Section 23-A of the Act. Learned counsel referred to paragraphs 7 and 11 of the said notice which read as under: