BABULAL Vs. MANSUR AHMED ANSARI

JUDGEMENT

(1.) THIS petition under section 115, CPC is directed against the order dated 31.12.2001 passed by the learned Rent Controlling Authority, Chhindwara in Case No. 2 -A -90/4/1999 -2000 allowing the petition filed by the respondent -plaintiff against the petitioner -defendant under section 23 -A of the M.P. Accommodation Control Act, 1961 (for short 'Act').

(2.) THE respondent -plaintiff was a government servant. After retirement, he filed a petition for eviction of the suit premises on the ground of bona fide requirement of the suit premises for his residence. After the receipt of the notice, the petitioner -defendant resisted the claim of the respondent -plaintiff on the ground inter alia that there is no relationship of landlord and tenant between them and therefore he was not under obligation to pay rent to the respondent -plaintiff. Consequent to the non -payment of the rent, his defence against the eviction has been struck out. The learned Rent Controlling Authority, by the impugned order dated 13.12.2001, allowed the petition of the respondent -plaintiff holding that the requirement of the respondent -plaintiff is bona fide and that there is no other reasonably suitable accommodation of his own in the city of Chhindwara. It has also been held that the petitioner -defendant failed to make payment of the rent as required by law.

(3.) IN view of the specific provisions in sub -section (6) of section 13 and section 23 -H of the Act and also view taken by this Court in Sona Bai v. Khoob Chand 1992 (II) MP Weekly Notes 140 = 1993 MPLJ 520, with due respect, I am inclined to differ with the view taken by the Rajasthan High Court in Desraj's case (supra). So far as the merits of the case is concerned, the learned Rent Controlling Authority has considered the points raised by both the parties and found that the requirement of the respondent -petitioner of the suit premises for his residence is bona fide. Admittedly, the petitioner -defendant has defaulted in making payments of the rent as required by law. The learned Rent Controlling Authority has also found that there is relationship of landlord and tenant between them. The view taken by the learned Controlling Authority does not appear to be illegal.