GURUDARSHAN SINGH SAINI Vs. SWARNAKAUR

JUDGEMENT

(1.) INVOKING the revisional jurisdiction of this Court under section 115 of the Code of Civil Procedure (hereinafter referred to as 'the Code') the tenants/petitioners have called in question the legal validity of the order dated 23 -3 -2000 passed by the Rent Controlling Authority in Case No. 15/90(B) of 98 -99 whereby he has refused to grant leave as envisaged under section 23 -C of the M.P. Accommodation Control Act, 1961 (in short 'the Act'). The facts in a nut shell are that the non -applicant/plaintiff filed an application under section 23 -A of the Act for eviction of the tenants on the ground of bona fide requirement. She claimed herself to be a landlady under Clause 3 of section 23 -J of the Act putting forth that she is a widow and has acquired this property and she is in bona fide need of the premises. The application was resisted by filing an affidavit and seeking leave to contest the matter. The Rent Controlling Authority rejected the said application on the ground that no triable issue has been made out and in any case there are no good grounds for grant of leave. The said order is the cause of grievance of the present petitioners.

(2.) I have heard Mr. Vivek Krishna Tankha, learned counsel for the petitioners, and Mr. Alok Aradhe, learned counsel for the non -applicant. It is submitted by Mr. Tankha, learned counsel, that the Rent Controlling Authority has failed to appreciate the provisions in proper perspective, and therefore, the order passed by him is susceptible. Mr. Aradhe, learned counsel for the non -applicant, has supported the order of the Authority on the ground that there has been really no challenge to the bona fide requirement. To appreciate the rival submissions raised at the Bar it is apposite to reproduce section 23 -C of the Act which reads as under: -

(3.) PROVIDED that the Rent Controlling Authority may, for sufficient cause shown by the tenant, excuse the delay of the tenant in entering appearance or in applying for leave to defend the application for eviction and where "ex -parte" order has been passed, may set it aside.