INDERCHAND JAIN Vs. SHYAMLAL VYAS

JUDGEMENT

(1.) This Civil Revision under Section 23-E of M.P. Accommodation Control Act, 1961 (In short "Act, 1961) has been filed against the order dated 28-11-2017 passed by Rent Controlling Authority, Gwalior in Case No. 23/95-96/90-7 by which an order of eviction has been passed against the applicants.

(2.) The necessary facts for disposal of present revision in short are that the original respondent (Shyamlal Vyas) filed an application for eviction against the original applicant (Inderchand Jain) from a suit shop situated at Chhaparwala Bridge, Phalka Bazar, Lashkar, Gwalior bearing Corporation No. 34/304 on the bonafide requirement of his son, Amitabh for starting the business of Paint and Cement. It is the case of the plaintiff-landlord/respondent that the suit shop was let out by Shantilal to defendant-tenant/applicant, and a rent Note was also executed. The plaintiff-landlord/respondent has become owner of the suit shop by virtue of Will executed by Shantilal and Probate in this regard has been issued. It was his case, that he has retired from Judicial service, and his fourth son, namely Amitabh Vyas is aged about 25 years, and is unemployed, and the suit shop is bonafidely required for opening the business of paint and cement. It was further stated that the plaintiff-landlord/respondent has no other alternative and suitable accommodation.

(3.) The original defendant/applicant filed an application under Section 23-C of Act, 1961 seeking leave to defend. In the application for leave to defend, the defendant/applicant accepted that he was regularly making payment of rent to the plaintiff/respondent, and in fact the plaintiff-landlord wants to enhance the rent and therefore, the application for eviction has been filed on frivolous ground. The statement made by the plaintiff-landlord with regard to the bonafide requirement for non-residential purpose of his son Amitabh was also denied.