JABBAR BHAI Vs. GULBASIA BAI

JUDGEMENT

(1.) THIS is a revision by the tenant under section 23E of the M.P. Accommodation Control Act, 1961 against the order of his eviction under section 23A(b) of the Act from a shop at the instance of the landlord who is a widow.

(2.) IT is not in dispute that non -applicant Jabbar Bhai is tenant of applicant Gulbasiabai; a widow, in a portion of the house No. 497 shown in the map annexed to the application and situated in Bhadbhuja Mohalla, Niwadganj, Jabalpur at a monthly rent of Rs. 375/ -. It had been let out to him for non -residential purpose in which he is carrying on the business of potatoes and onions. The applicant has five sons and they are all married. Parasram is one of them.

(3.) THE non -applicant's case is that the alleged need of the applicant is a mere pretence to get the suit accommodation vacated. Parasram is carrying on his business with his mother and he does not need any other shop. She wants rent of the suit shop at the rate of Rs. 600/ - per month. The Rent Controlling Authority after appreciation of the evidence adduced by both the sides has held that the applicant's need for the business of her son is genuine and bonafide and they have no other accommodation of their own for this purpose. Therefore, the impugned order of eviction has been passed by it.