HIMADRI PAL Vs. RAJEEV RAWAT

JUDGEMENT

(1.) Applicant has filed this revision petition challenging order of eviction dtd. 15/9/2021 passed by Rent Controlling Authority- S.D.O., Kolar, District Bhopal in Case No. 570/B-121/2021-22.

(2.) At initial stage, counsel appearing for the respondents opposed civil revision on the ground that civil revision filed by the applicant is not maintainable. It is submitted that tenant is required to file an application for leave to defend the case within 15 days from service of summons. It is submitted that applicant has not filed any application for permission to defend the case. Since application has not been filed and order of eviction has been passed in favour of the respondents, therefore, applicant can no longer file this revision challenging order passed by Rent Controlling Authority.

(3.) Counsel appearing for the applicant submitted that as per provision of Sec. 23-C of M.P. Accommodation Control Act, 1961, applicnt can file an application for setting aside the order of eviction before the Rent Controlling Authority. It is submitted that he may be permitted to withdraw civil revision with liberty to file an appropriate application under Sec. 23-C of M.P. Accommodation Control Act, 1961.