CHANDRAVATI DEVI Vs. SIYA BAI PATHAK

JUDGEMENT

(1.) The applicant has filed this Civil Revision under Sec. 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') being aggrieved by the order dated 05.11.2020 passed by Rent Controlling Authority-cum-Sub-Divisional Officer, Sub-Division Adhartal, Jabalpur in Revenue Case No. 09/A-90/2020-21.

(2.) Brief facts necessary for disposal of the present Revision are that the applicant filed an application under Sec. 38 of the Act against the respondent before the Rent Controlling Authority, Jabalpur and during pendency of the aforesaid application, the respondent No. 1 (owner) filed a separate application under Sec. 23 of the Act stating that the applicant has been rented the premises at Rs. 1500.00 and tenancy starts on each first day of the calendar and ends on the last day of each month. From January, 2019, the respondent No. 2 enhanced the rent to the tune of Rs. 500.00 per month and thereafter from the month of January, 2019 the applicant used to pay rent @ Rs. 2000.00 per month. The applicant (tenant) along with her daughter and son resided there peacefully. The respondent tried to forcefully vacate the premises and, therefore, the applicant filed a Civil Suit before the competent Court alongwith an application for temporary injunction, which was rejected. In an appeal M.C.A. No. 34/2020, learned 3rd Additional District Judge, Jabalpur has granted temporary injunction in favour of the applicant vide order dated 24/2/2020.

(3.) On an application under Sec. 23-A of the Act filed by the respondent, the applicant was directed by the Rent Controlling Authority, Gorakhpur to vacate the tenanted premises, but in compliance of the aforesaid order, the Rent Controlling Authority Gorakhpur stated that the aforesaid place comes and concerned with Adhartal area. Thereafter, the respondent No. 1 again filed an application before the Rent Controlling Authority Adhartal on the ground that the respondent No. 1 is widow lady aged 65 years and is the owner of the tenanted house, in which, the applicant, her daughter and son are illegally and forcefully trying to possess and by the impugned order, this application has been allowed. Hence, this Civil Revision.