GIRISH KUMAR SHRIVASTAVA Vs. PUNJAB NATIONAL BANK

JUDGEMENT

(1.) THIS is a revision by the applicant under Section 23-E of the M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as 'the Act')against the order by which his application under Section 23-A (b) of the Act for eviction of the tenant has been rejected.

(2.) IT is not in dispute that the New Bank of India had taken on lease a portion of the house No. 780/661, Ward No. 16, Lalta Chowk, Satna by the lease-agreement dated 26-4-1981 from applicant Girish Kumar Srivastava and his three brothers for banking business at a monthly rent of Rs. 1802. 50 paise for a period of five years. The area of the house which was the subject-matter of lease is 1442 sq. ft. and is shown in red colour in the map annexed to the application. There has been no partition amongst the applicant and his brothers. He is Karta of the joint Hindu family. The New Bank of India has been amalgamated in the Punjab National Bank and this Bank is now the tenant in the suit accommodation. The applicant was in State Government service and has retired from the post of District Registrar, Damoh on 28-2-1994.

(3.) THE applicant's case is that he comes in the category of the "landlord" defined in Section 23-J of the Act as he is a "retired servant of the government". He has pleaded that he bona fide requires the suit accommodation for starting the business of a restaurant and he has the capital for that purpose. He has stated that he is in sound health to run this business. He has no other reasonably suitable non-residential accommodation of his own in his occupation for this purpose in the city of Satna. There are two other houses in his name and in the name of his brothers which are being used for residence. The portions in the house in which the suit accommodation is situated are either in the occupation of other tenants or the applicant's son is doing business therein.