SHARAD NIGAM Vs. SWATANTRA KUMAR

JUDGEMENT

(1.) This civil revision has been filed by the tenants of the respondents under Sec. 23(E) of the M.P. Accommodation Control Act, 1961 being aggrieved by the order dated 13/4/2016 passed by Rent Control Authority, Bhopal in Case No. 1/RCA/2015-16 whereby the Rent Control Authority directed the applicants to handover the vacant possession of the shop to the non-applicant No. 1.

(2.) The facts, in a nutshell, are that the non-applicant No. 1 is owner of the suit shop which was let out on monthly rent to the applicant No. 1 vide rent agreement dated 5/9/1986. Since then the shop in question is in possession of the applicant No. 1 and he was proprietor of M/S. Pushpanjali and is running a ready-made garment shop.

(3.) The non-applicant No. 1 had filed a civil suit for eviction against the applicant No. 1 on the ground of bona fide need and subletting the suit shop and also for creating nuisance. The said suit was dismissed vide judgment and decree dated 30/11/2006. Thereafter he filed an appeal which was also dismissed vide judgment and decree dated 24/8/2009. The second appeal preferred against the aforesaid judgments and decree was also dismissed vide judgment dated 20/3/2015 by this Court. Thereafter the non-applicant No. 1 submitted a complaint to the Nazul Officer, TT Nagar Bhopal alleging that the applicant No. 1 is missing and the applicant No. 2 has encroached the disputed shop. He prayed for getting the disputed shop vacated and handing over the vacant possession to him.