JAGDISH CHANDRA KHANDELWAL Vs. KULVEER KAUR

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the Rent Controlling Authority, Gwalior dated 21 -6 -1999, in Case No. 37/86 -87/907, whereby the Authority directed that the tenant (non -applicant before the Authority) shall handover the vacant possession of the suit -property to the landlady/applicant, within a period of two months, failing which, it is open for the landlady/applicant to get the recovery of the possession, in accordance with law. It was further directed that the tenant/non - applicant shall pay the rent atthe rate of Rs. 400/ - per month to the landlady/applicant till the date of handing over the possession. By the aforesaid impugned order, the Authority also directed the payment of Rs. 9,600/ - to be made to the tenant/non -applicant, as compensation, by the landlady/applicant, at the time of taking over the possession from the tenant.

(2.) THE brief facts giving rise to the case arc that the landlady/applicant has a non -residential accommodation comprising one halt, one tinshed and a open chowk, which is a portion of her house bearing No. 35/1099, situated at Khirwardkar Ka Bada Loyiya Bazar, Lashkar, Gwalior. The said accommodation in question was let out to the non -applicant/tenant by Balveer Singh, the husband of the landlady, at the rate of Rs. 500/ - per month. It was contended that since the landlady was in actual need for her own to start a business of steel furniture and as there is no suitable alternative accommodation available in the city, she filed the application under Section 23 -A of the Madhya Pradesh Accommodation Control Act, 1961, for short 'the Act', for eviction of the tenant/non -applicant from the accommodation in dispute. It was also asserted in the application that the non - applicant/tenant did not pay the rent since April, 1985 inspite of making demand and as such he is in arrears of rent.

(3.) THE applicant/landlady in this case examined herself as A.W. 1, and one Surendra Singh as A.W. 2. The tenant/non - applicant on the other hand, examined himself as D.W. 1.