JABALPUR PLYWOODS Vs. SUSHILA SHUKLA

JUDGEMENT

(1.) THESE are the revisions by the non-applicants under Section 23-E of the M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act) against order dated 5-11-1999 by which the Rent Controlling Authority has directed them to deliver vacant possession of the non-residential suit accommodation to the applicant.

(2.) IT is not in dispute that non-applicants are tenants of the applicant in the suit accommodation in a part of house No. 517, Madhatal, Jabalpur at a monthly rent of Rs. 350/ -. At present the suit accommodation consists of two shops but initially it was let out in the year 1976 as one shop to the non-applicants. They are two brothers--one is carrying on his business in the name of "jabalpur Plywood" and the other in the name of "plywood Agencies". Applicant Smt. Sushila Shukla is carrying on business in the name of "ankur Lodge" just behind the suit accommodation. The access to that lodge is through a narrow passage of 8'-3" on the eastern side of the suit accommodation. There is main-road on the southern side of the suit accommodation. In other words the frontage of the suit accommodation is on the main road.

(3.) THE applicant's case is that she requires one shop, half of the suit accommodation, for annexing it to the Ankur Lodge to make it a place for a counter and waiting room. The customers will have direct access to this reception place from the main road and this will augment her income from the lodge. She is a widow. She requires the other shop, another half of the suit accommodation for carrying on business of wholesale tea by her major son Vivek Shukla who has passed M. Sc. and M. B. A. He is at present doing some job and he will quit that job as soon as the accommodation is vacated. She has no other accommodation for this purpose in the city. The non-applicants have pleaded that the alleged need is a mere pretence to get the suit accommodation vacated.