JODHRAJ Vs. BHUTESHWAR MAHADEV MANDIR TRUST

JUDGEMENT

(1.) By filing this review petition under Order 47, Rule 1 read with section 151 of the Code of Civil Procedure, the petitioner is seeking review of the order dated 28-10-2010 passed by the learned single Judge of this Court in Second Appeal No. 619/2008. In view of the fact that the learned Judge who has passed the said order has emitted the Office, the matter is placed before the Division Bench, in terms of Rule 13(l)(b)(ii)(l) of Chapter 4 of the High Court of M. P. Rules, 2008.

(2.) Briefly stated, the petitioner claims to be a tenant in the suit shop let out to him by the respondent a public trust registered under the Public Trust Act, 1951. After terminating the tenancy of the petitioner, a suit for eviction was filed by the respondent/trust which was registered as Civil Suit No. 151 -A/2000.

(3.) In the said suit, the respondent/trust claimed exempted from application of the provisions the M. P. Accommodation Control Act, 1961 (for short, the Act), in view of the notification dated 7-9-1989 issued by the State Government in exercise of its powers under section 3(2) of the Act. In view of the exemption, the respondent sought eviction merely on the basis of termination of tenancy of the petitioner.