MOHD UMAR BILAL Vs. ASHOK DATTATRAY NAYAK

JUDGEMENT

(1.) APPLICANT-TENANT has filed this civil revision under Section 23-E of the Accommodation Control Act, against the order dated 18-3-99, passed by the Rent Controlling Authority, Indore, in Eviction Case No. A-9 (7) 13/99, allowing the application of the landlord/non-applicant No. 1 and directing the applicant to vacate the suit premises within a period of two months.

(2.) BRIEF facts of the case are that the applicant is a tenant of non-applicant No. 1 in one shop consisting of two rooms, situated at House No. 39, Bakshi Gali, Ward No. 45, Indore, and doing the business of selling vegetables in wholesale, since last 20 years. The accommodation is non-residential, the tenancy is oral. This is not in dispute that the applicant is a tenant in the disputed accommodation for the last 40-50 years and initially the rent was Rs. 16/-, which was subsequently enhanced from time to time and at present the same is Rs. 100/- p. m. from the year 1994.

(3.) THE non-applicant/landlord is a retired Government servant. He was working as Assistant Engineer in the Department of Public Health Engineering. He retired from service on 31-3-98 and after retirement he filed an application under Section 23-A (b) of the Accommodation Control Act for eviction against the applicant-tenant, on the ground that he is the owner of the suit premises and after retirement he wants to start his business of grocery in the tenanted premises and that he is not having any other suitable accommodation of his own in the city or town concerned. It was further alleged in the application that he is enjoying good health and also having the necessary funds for starting the said business of grocery.