JAIPRAKASH Vs. SHANKAR PRASAD TIWARI

JUDGEMENT

(1.) APPLICANT/tenant has directed this revision against the order dtd. 27-7-2000 passed by the Rent Controlling Authority, Indore in Case No. A-90 (7)52/99, thereby allowing application filed on behalf of the non-applicant/landlord for eviction of the applicant under Section 23-A (b) of the M. P. Accommodation Control Act (for short the Act ).

(2.) BRIEFLY stated the facts of the case are that - The non-applicant landlord who is a retired employee of the High Court of M. P. Indore Bench, on his retirement, filed an application before the R. C. A. for eviction of the applicant (tenant), from the two rooms situated on the ground floor of House No. 31 (old No. 30/2) Ramganj, Jinsi Main Road, Indore. It is alleged in the application that the aforesaid two rooms of the ground floor were let out to applicant under the agreement of tenancy for the non-residential purpose on monthly rent of rent of Rs. 1100/ -. In the application the eviction of the applicant/tenant was sought on the ground that the suit accommodation is bonafide required by the landlord for establishing a shop for typing, photocopier machine and stationery business. It is also stated that the non-applicant/landlord is not possessed of any reasonable suitable accommodation of his own for the alleged need of the landlord in Indore city.

(3.) ON obtaining permission to defend the petition, the application filed 'h' is reply and denied the facts with regard to bonafide requirement of the suit accommodation by the landlord for his alleged need of opening a stationery and typing shop in the suit accommodation. The application was mainly opposed on the ground that the non-applicant landlord is possessed of alternate accommodation of his own in which he can establish the typing and stationery shop as stated in the application.