M.P. DONGRE Vs. KUSUMLATA SHUKLA

JUDGEMENT

(1.) THIS is a revision by the tenant under section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act) challenging the legality, propriety and correctness of the order passed by the Rent Controlling Authority (RCA) under section 23-A of the Act directing the tenant to put the landlord in possession of the suit accommodation.

(2.) UNDISPUTED facts of the case are that non-applicant M.P. Dongre is tenant of applicant Smt. Kusumlata Shukla in house No. 23, Anandnagar, Adhartal, Jabalpur at a monthly rent of Rs. 1,000/-. The house was let out to the non- applicant about 15 years ago for residential purpose. At that time the applicant was working as Assistant Surgeon at Balaghat and she was a Government servant. She has retired from that post on 9.5.1984. She is covered under the definition of "landlord" given in section 23-J(i) of the Act.

(3.) THE case of the non-applicant is that the alleged need of the applicant is not bonafide. The applicant is practicing at Balaghat and she does not want to shift to Jabalpur. It is further pleaded that the applicant wants to sell the suit house and for that purpose she has issued an advertisement in the newspaper in the year 1995 and her husband had written several letters Ex. D-2 to D-7 to the non-applicant in the year 1990 expressing his intention to sell the house and he had made an offer to the non-applicant also to purchase this house if he so desires. It is pointed out that the applicant's son Dr. Sameer Shukla and his wife are in Government service and their need is also a pretense.