ASHOK KUMAR SONI Vs. KAZI MOHAMMAD ATEEQUE RAHMAN

JUDGEMENT

(1.) The tenant-petitioner has filed this revision under section 23-E of the M.P. Accommodation Control Act, 1961 (hereafter be referred as 'the Act') challenging the order dated 9-11-2010 passed by the Rent Controlling Authority (RCA), Katni in Case No. 02/A-90(7)/2005-06 allowing the application filed by landlord under section 23-A of the Act directing ejectment from the suit accommodation. The facts in brief are that the non-applicant has filed an application under section 23-A of the Act seeking eviction on the ground of bona fide need of himself and his family for residential purpose. It is averred that the suit shop has been given for non-residential purpose on rent of Rs. 900/- per month. It is stated that at present his family members are residing at Bhopal and after eviction of the tenanted premises he wants to shift his family at Katni, therefore, the suit shop is required bona fide to which no other reasonably suitable accommodation in Katni is available, however, prayer is made to direct eviction of the tenant from the suit premises.

(2.) After seeking permission as contained under section 23-D of the Act, the tenant has filed reply and contested the claim. It is averred that the application is not maintainable before the Rent Controlling Authority. In addition thereto, it is said that the requirement is not bona fide and if eviction of the suit premises is directed it would cause prejudice to him, in the facts of the case.

(3.) The Rent Controlling Authority after recording the evidence found that the suit shop is required bona fide and the decree under section 23-A(a) and (b) [wrongly mentioned as section 23-D] was directed by the impugned order.