MANI RAM JAIN Vs. SHRINATH SHARMA

JUDGEMENT

(1.) THIS is tenant's revision under section 23 -E of the M. P. Accommodation Control Act, 1961, (for short, the 'Act'), against an order dated 4 -2 -1988, passed by the Rent Controlling Authority, Gwalior (for short, the 'Rent Controller') in case No. 276/83 -84/90x7, whereby the objection of the applicant that the landlord/respondent is not a physically handicapped person and, as such, the Rent Controller has no jurisdiction to entertain the application under section 23 -A of the Act, has been rejected.

(2.) BRIEF facts leading to this revision are: The respondent who is employed in the M. P. Electricity Board and whose left hand is amputated, filed an application under section 23 -A of the Act, seeking eviction of the applicant from the suit premises -residental accommodation. The landlord invoked the special jurisdiction conferred on the Rent Controller on the ground that he is a landlord falling in the specified category of Section 23 -J (iv) of the Act. The applicant challenged the jurisdiction of the Rent Controller contending that the landlord is not a physically handicapped person, he is physically fit and is serving in the M. P. Electricity Board (for short, 'MPEB'); there is no loss of earning capacity or disablement, it is only the finger of the left hand which is amputated. The Rent Controller on this plea relating to jurisdiction, tried the jurisdictional issue. To prove his case that he is physically handicapped, which was specifically pleaded, the landlord filed a certificate (Ex. P -1) issued by the Civil Surgeon, Gwalior, on 1 -2 -1985 and countersigned by the Collector, Gwalior, known as "VIKLANG PARICHAY PATRA" (Identity card for Hand -capped), whereby the landlord was declared as a physically Handicapped person. The landlord also examined Dr. B. S. Saxena, C. M. O. cum -Civil Surgeon, Gwalior to prove the certificate and also to prove that the landlord's left hand is amputated. The applicant examined Dr. A. K. Dubey, orthopaedic Surgeon and in -Charge Medical Officer, J. A. Hospital, Gwalior, who in his statement stated that the landlord is a handicapped person, but as he is doing clerical job, this handicap is no obstruction in his working or earning capacity. In cross -examination Dr. Dubey admitted that the landlord cannot catch, hold or push anything with his left hand. During the examination of these two Doctors, the landlord remained present before the Rent Controller. The applicant did not examine himself nor he led any other evidence to controvert the fact. The Rent Controller found that the landlord is a physically handicapped person falling within the definition of landlord specified under Section 23 -J (iv) of the Act, and held that he has jurisdiction to entertain the application. Aggrieved of this order, the applicant/tenant has come up in revision.

(3.) SHRI V. K. Sharma, learned counsel for the respondent/landlord, supported the impugned order.