GHANSHYAM Vs. SUBHASHCHANDRA

JUDGEMENT

(1.) This revision petition has been submitted by the tenant against the order of eviction passed by the Court of Rent Controlling Authority, Indore on 08.04.2011 in Eviction Case No. A-90 (7) 8 / 09-10.

(2.) Admitted facts of the case are that the revisionist is a tenant of respondent in the suit shop comprised in House No. 33 situated in Morsali Gali, Ward No. 9, Indore, on rent at the rate of Rs. 530/- per month. Respondent has been retired from the services of Municipal Corporation, Indore on 30.06.2004 as Head Clerk. Eviction of tenant has been claimed by the respondent for the bona fide need of his major son, namely, Kamlesh to start the business of jewelery. Landlord/respondent submitted an application for eviction under Section 23-A (b) of the MP Accommodation Control Act, 1961 (hereinafter referred to as the Act) with the allegations that he and/or Kamlesh does not have any other alternative vacant nonresidential accommodation for the purpose of business in the city of Indore. The application for eviction was opposed on the ground that Kamlesh is running a cosmetic business with his wife in shop situated in Bakhtawar Ram Nagar, Indore. It is further stated that the landlord/respondent has got vacated various other premises from time to time and has re-let them.

(3.) Learned Rent Controlling Authority, after recording the evidence, has held that revisionist is a tenant of the landlord/respondent in the suit shop. He has further held that the landlord/respondent bona fide needs suit shop for his son Kamlesh's business. It has also been found that there is no other alternative non-residential suitable accommodation available with the landlord or Kamlesh. Accordingly, the application for eviction stood allowed by the impugned order dated 08.04.2011; hence, this revision.