SUBHASH KUMAR Vs. SHANKARLAL

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 tenant/applicant has called in question the defensibility of the order dated 20-12-1999 passed by the Rent Controlling Authority, Betul, in Case No. 1-A-90 (B) 4/99-2000, wherein the said authority has passed the order of eviction against the applicant.

(2.) THE facts as have been undraped are that the non-applicant filed an application for eviction of the applicant from the premises situate in Rajendra Ward, Betul. It was set forth in the application that he had bona fide need for accommodation to settle his son and his son's family and hence, accommodation was required. It is pertinent to state here that the application was filed under Section 23-A of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') on the ground that the non-applicant belonged to special category of landlord as defined under Section 23-J of the Act. The applicant after receipt of the notice filed an application for grant of leave under Section 23-C of the Act but the Rent Controlling Authority rejected the application for grant of leave by order dated 30-12-1998. Thereafter, Rent Controlling Authority framed three issues and passed the order of ejectment against the applicant.

(3.) IT is worthwhile to note here that issue No. 1 pertained to the status of the non-applicant as a landlord under Section 23-J of the Act.