BAIJNATH PRASAD SAIN Vs. DAYA SHANKER SAIN

JUDGEMENT

(1.) This is a revision under S.23E of the M. P. Accommodation Control Act, 1961 (in short 'the Act), by the tenant. The parties are real brothers. The suit accommodation is house No. 1486 Napier Town, Jabalpur and is a residential accommodation.

(2.) The admitted facts are that the applicant retired from government service in April, 1983. By a deed of gift executed on 30-8-1983, the suit accommodation was acquired by transfer by the non-applicant landlord from his mother. The present application for eviction was filed before the Rent Controlling Authority (in short 'the Authority') on 5-9-1984. The need set up was bona fide need for residence. Another tenanted portion adjoining the suit accommodation was occupied by other tenant (called portion of Sarkar) against whom also the present landlord filed proceedings for eviction and in fact obtained a decree.

(3.) The counsel appearing for the tenant before me firstly submitted that the application at the instance of the present landlord was not competent before the Authority because he did not fall in the category of specified landlord under S.23-J of the Act. Explaining the above submission, the learned counsel for the tenant submitted that this was admittedly a case where the accommodation was acquired by the landlord after retirement from government service. Such a landlord is not covered by the definition of landlord u/ S.23-J of the Act. Reliance was placed by the learned counsel for the tenant on the Division Bench decision reported in, 1985 MPLJ 657 : AIR 1986 MP 72, B. Johnson Bernard v. C.S. Naidu, which has considered the case in Mrs. Winifred Ross v. Mrs. Ivy Fonsee, AIR 1984 SC 458. Reliance has also been placed on a decision of learned single Judge of this Court, K.L. Shrivastava J. reported in Badriprasad v. Chimanlal 1987 MPRCJ 66, which has been reconsidered by learned single Judge, Dr. T.N. Singh, J. in Madanlal v. Mitthulal Sharma 1987 MPLJ 695. Placing reliance on the aforesaid decisions the learned counsel contended that in respect of retired government servants, restricted meaning has been given to the definition of 'specified landlord' u/ S.23-J of the Act, keeping in view the aims and objects of the Amendment Act, whereby special speedy remedy of eviction is provided to such retired government servants who already own the accommodation as landlord on the date of their retirement and genuinely require the same for their occupation after their retirement.