NIRMALA NARENDRA KUMAR CHHABRA Vs. LAXMINARAYAN RAGHUNANDAN TIWARI

JUDGEMENT

(1.) THIS is a revision by the non-applicant under section 23-E of the M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as 'the Act') challenging the order by which she has been directed to deliver possession of the suit accommodation to the applicant on his application under section 23-A of the Act.

(2.) NON -applicant Smt. Nirmala Chhabra is tenant of the applicant in Shop No. 3 of House No. 24, Malviya Nagar, Bhopal. This shop was let out to her in the year 1967. According to the applicant he requires the suit accommodation for carrying on the business by his son Anil Tiwari. The other six shops belonging to the applicant are not vacant. One shop was let out to Khadi Gramodyog in the year 1985-86. One shop is in possession of the applicant's son Vinod Tiwari in which he is carrying on the business of electrical goods. The applicant's son Anil Tiwari has passed M.A. and M.Sc. and he is unemployed. He wants to start the business of General Stores in the suit accommodation. The applicant is a retired Government servant and, therefore, he can file the application under section 23-A of the Act. The non-applicant has denied that the applicant's alleged need is bonafide. It is pointed out that in case the applicant genuinely required the suit accommodation for the business of his son Anil Tiwari he would not have let out the shop to Khadi Gramodyog in the year 1985-86. The present application has been filed in the year 1993.

(3.) IN this revision it has been argued that it is not proved that the applicant's requirement is bonafide and that the non-applicant was not given proper opportunity to contest the application of the applicant.