LAWS(CHH)-2007-3-27

KANTI PRASAD RATHOR Vs. GUNWANTIN BEN TANK

Decided On March 09, 2007
Kanti Prasad Rathor Appellant
V/S
Gunwantin Ben Tank Respondents

JUDGEMENT

(1.) THIS revision is directed against the order dated 14.6.2001 passed by learned Rent Controlling Authority, Raipur in case No. 16/90 (8), year 1996-97 whereby the learned Rent Tribunal has rejected the application of the applicant under Order 6 Rule 17 read with Section 151 C.P.C.

(2.) THE applicant has preferred this revision under Section 23-E of M .P. & C.G. Accommodation Control Act, 1961 and Rules, 1966 (henceforth 'the Act')., Section 23-E sub-section 2 of the Act reads as under :

(3.) IN view of proviso to Section 115 of the CPC and as per the law laid down by the Hon'ble Apex Court in the case of Surya Devi Rai Vs. Ram Chander Rai and Others1 as well as in the case of Shiv Shakti Coop. Housing Society, Nagpur Vs. Swaraj Developers and Others2, the instant revision is not maintainable and accordingly, it is dismissed as not maintainable. Consequently, I.A. No. 6355/02, LA. No. 6356/02 and I.A. No. 1933/02 stand disposed of. Revision Rejected.