MOHAN KRISHNA DWIVEDI Vs. BHAU SAHIB ARGADE

JUDGEMENT

(1.) THESE two revisions have come up arising out of the order dated 12-3-1999 passed by the Rent Controlling Authority, Gwalior in Case No. 13/96. Civil Revision No. 516/1999 has been filed by the defendant/tenant; Mohan Krishna Dwivedi challenging the order of his eviction whereas in Civil Revision No. 665/1999 part of the order not directing the defendant to deposit the rent pendents lite has been assailed.

(2.) THE respondent-Bhau Sahib Argade, retired employee of Madhya Pradesh Electricity Board (for short 'mpeb') applied for vacation of the suit accommodation in possession of Mohan Krishna Dwivedi on the ground of genuine requirement for residence for himself and his family alleging that he was not possessed of any alternative accommodation in Municipal limits of Gwalior and was residing at Bhopal for want of accommodation that too in a tenanted accommodation and wanted to shift to Gwalior. Hence, application under Section 23-J of M. P. Accommodation Control Act was filed before the Rent Controlling Authority (for short 'rca' ).

(3.) IN the reply defendant contended that he was not the tenant of Bhau Sahib Argade. Thus not only the tenancy was denied requirement was also disputed. Rent Controller has found that it is established that Mohan Krishna Dwivedi is the tenant of Bhau Sahib Argade the applicant and applicant required the suit accommodation for the purpose of residence and there was no other alternative accommodation suitable for residence in possession of the plaintiff.