MEHFOOZ-UR-REHMAN Vs. NEELOFUR KHAN

JUDGEMENT

(1.) This revision challenges the order dated 28.04.2011 passed by the Rent Controlling Authority, Bairagarh, Bhopal, by which eviction decree is granted against the petitioner and in favour of the respondent under the provisions of Section 23 of the Madhya Pradesh Accommodation Control Act, 1961. The revision was admitted and an interim stay was granted on 06.06.2011.

(2.) After hearing learned Counsel for the petitioner for sometime, a fair prayer is made by the learned Counsel for the petitioner that some time may be allowed for vacating the premises and for handing over vacant possession to the respondent because the family members of the petitioner are residing at Australia and are not in a position to come and assist the petitioner in making arrangement for shifting in other accommodation. It is stated that the petitioner is an aged person and a retired bank officer and looking to his age, he cannot alone make arrangement for his shifting. A prayer for grant of sufficient time for compliance of the order of the Rent Controlling Authority is made.

(3.) Learned Counsel for the respondent has contended that whatever pleas were raised by the petitioner in his capacity as tenant before the Rent Controlling Authority, were considered and after examining the evidence available on record and keeping in view that the respondent is a widow lady, learned Rent Controlling Authority has reached to a conclusion that an eviction decree is required to be passed. It is pointed out that though revision was entertained on 06.06.2011 and ex parte stay was granted by this Court, yet no action is taken by the petitioner to make arrangement of his shifting from the disputed premises. Thus, it is contended that there is no case made out to grant relief to the petitioner.