AMOLAK CHAND Vs. JAINAB BEE

JUDGEMENT

(1.) Being aggrieved by the order dated 28/6/2011 passed by District Judge, Indore in M.A.No.12/11 and 11/2011 whereby the order dated 25/3/2011 passed by Rent Controlling Authority (in short R.C.A. ), Indore in Execution case NO.1/10 whereby upon the objections filed by the appellant under Order 21 Rule 97 CPC, learned R.C.A. directed that parties should get their rights decided from the Civil Court, was set aside and objections filed by the appellant were also dismissed, the present appeal has been filed.

(2.) This appeal has been filed under section 100 CPC while the order was passed by the R.C.A. against which appeal was filed under section 31 of Accommodation Control Act against which appeal is provided under section 32 of Accommodation Control Act. Both the parties agree that appeal be treated as appeal u/s 32 of the Accommodation Control Act and be decided.

(3.) Short facts of the case are that respondent No.1 filed an eviction petition on 15/10/01 against respondent No.2 u/s 23-A of the M.P.Accommodation Control Act alleging2 that suit property is a house bearing House No.14 situated at Haathi Pala Main Road, Indore measuring 35 x 12 totalling 420 sq.ft.. It was alleged that suit property belongs to Mohd. Hussain S/o Roshan Mohammad, who is residing at 223 Shrinagar Extension, Indore. It was alleged that suit property was in occupation of respondent No.2 as tenant. It was alleged that vide gift deed dated 29/2/2000, Mohd. Hussain gifted the same to respondent No.1. It was alleged that tenancy of respondent No.2 with Mohd.