HEERANAND MURLIMAL VASWANI Vs. YASHWANT VIJAY SAXENA

JUDGEMENT

(1.) This revision application has been filed under Section 23-E of the M. P. Accommodation Control Act, 1961 (in short "the Act") by Applicant/Defendant against the eviction order dated 4-12-2009 passed by learned Rent Controlling Authority, Bhopal in Case No. 07/RCA/2008-09 (Old No. 27/RCA/2000-01).

(2.) The landlord/Plaintiff submitted an application under Section 23-A (wrongly typed as 23-C) of the Act for eviction against the Defendant/Applicant in respect of the suit shop in which he has been inducted as tenant. According to the Plaintiff, he served the State Government as a Class-III employee and retired on 31-3-2001. It has also been pleaded in the eviction application that in his house two shops are existing on the ground floor. In one shop the Defendant/Applicant is running the business of grocery and another shop had got vacated from another tenant but Plaintiff wants to carry on the business along with his son who is unemployed and will start the grocery business in both the shops which are adjoining to each other.

(3.) After obtaining leave to file appeal under Section 23-C of the Act, written statement was filed and the parties led their evidence.