T D AGRAWAL Vs. NIRMAL MITRA

JUDGEMENT

(1.) THIS is a revision by the tenant under Section 23-E of the M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as 'the Act') against the order of his eviction passed by the Rent Controlling Authority on the application of Smt. Nirmal Mitra, a widow, under Section 23-A of the Act.

(2.) IT is not in dispute that non-applicant T. D. Agarwal is tenant of applicant Nirmal Mitra on the ground floor of house No. 1, Ridge Road, Idgah Hills, Bhopal at a monthly rent of Rs. 3,200/ -. The accommodation is being used for residential purpose by the non-applicant and his family. The accommodation is fully described in the map annexed to the application. It consists of three "bed rooms", a kitchen, store, "drawing-cum-dining room", etc. The tenancy commenced from August, 1985. The applicant is a widow and comes in the category of landlord given in Section 23-J of the Act. She is at present living in the "basement" of this house. She has no other house at Bhopal. The non-applicant wrote the letter dated 12-5-1993 (Ex. P-8) addressed to the applicant stating therein: "we understand that you need the house for yourself. It is hereby assured that we will vacate the house by the end of May, 1994 definitely. We my do it earlier also".

(3.) THE applicant's case is that the accommodation was let out for residential purpose. She requires it bona fide for her own residence and she has no other accommodation of her own for this purpose. She is living in the basement of this house with her husband's brother H. S. Mitra and that portion is owned by him. She is patient of hyper-tension, ischemic heart disease, bronchitis and T. B. in left lung. She has difficulty in breathing. She is required to climb 12-13 steps on the stair-case to reach the ground floor and therefore she wants to shift to the "ground floor" which is in occupation of the non-applicant. She has been advised by her doctor not to climb the stairs. She was 65 years of age when the application under Section 23-A of the Act was submitted by her on 28-4-1996.