LAWS(MPH)-2022-1-29

GAYATRI PARASHAR Vs. TULSIRAM KORI

Decided On January 05, 2022
Gayatri Parashar Appellant
V/S
Tulsiram Kori Respondents

JUDGEMENT

(1.) This revision petition has been filed by the applicant/tenant against the order dtd. 30/11/2021 passed by the Rent Controlling Authority/Sub Divisional Officer, Guna in Eviction Matter No.1A-90 (1)/2021-22 under Chapter 3A of the M.P. Accommodation Control Act, 1961 (hereinafter would be referred as to the 'Act of 1961') whereby, the application filed by the applicant under Order 7 Rule 11 of Code of Civil Procedure has been dismissed.

(2.) The respondent/landlord is an employee of the National Fertilizer Ltd Vijaypur, i.e. a Govt. of India undertaking. He has filed an application for eviction of the rented accommodation let out to the applicant/tenant under Chapter 3A of the Act of 1961 on the ground of bonafide requirement of the landlord and his family members. The applicant filed an application under Order 7 Rule 11 of CPC seeking dismissal of the eviction application on the ground that the landlord does not come in the purview of definition of the 'landlord' for the purpose of Chapter 3A. This application of the tenant has been dismissed by the Rent Controlling Authority. Therefore, being aggrieved of the impugned order, this revision petition has been filed by the tenant.

(3.) Heard the learned counsel for the applicant/tenant and perused the material made available on record.