ASHOK KUMAR TIWARI Vs. BHAGWAT PRASAD VISHWAKARMA

JUDGEMENT

(1.) BY this revision under Section 23(E) of the C.G. Accommodation Control Act (briefly 'the Act'), the tenant/applicant challenged the legality and correctness of the order dated 22-2-2008 passed by learned Rent Controlling Authority, Bilaspur on the application filed by the non- applicant/landlord.

(2.) INDISPUTABLY the applicant is tenant in a non-residential accommodation/shop situated at Tikrapara, Bilaspur. The respondent is his landlord. The landlord served upon the tenant notice dated 20-8-99 through his Counsel terminating his tenancy. The landlord in his application averred that he requires the suit shop bonafide for his own business and for the business of his wife, children and members of the family for earning their livelihood and for that, he has no other reasonably suitable accommodation available in the city of Bilaspur. Since the tenant despite notice did not vacate the suit premises, hence application under Section 23-A of the Act for eviction of tenant was filed.

(3.) THE application filed under Section 13(6) of the Act was rejected on 1-6-2001. THE evidence of landlord was recorded on 12-12-2005. Vide order dated 22-6-2007, the defence of tenant was struck off under Section 13(6) of the Act. On 3-11-2007, the tenant adduced his evidence and thereafter learned Rent Controlling Authority by the impugned order held that the suit accommodation is required bonafide by the landlord and accordingly allowed his application directing the tenant to vacate the suit shop.