GULAM HUSSAIN Vs. AKBAR ALI

JUDGEMENT

(1.) This revision under Sec. 115 of Code of Civil Procedure has been preferred by the applicant being aggrieved by the order dtd. 16/12/2021 passed in Case No.04-A/90(7)/2021 by Rent Controlling Authority, Malharganj Area, District Indore whereby application under Sec. 23-G of M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act, 1961') filed by him has been dismissed as not maintainable.

(2.) As per the applicant, he is a tenant in the suit accommodation owned by the non-applicant for past 60 years. He was served a notice by Municipal Corporation, Indore stating that the suit accommodation has become dilapidated hence he should remove the same and if he does not do so the same shall be done by the Corporation. However the non-applicant in collusion with the Corporation authorities got the damaged portion of the suit accommodation removed and the debris fell upon the tin shed and open space of the suit accommodation which resulted in the same falling down entirely. The nonapplicant is not ready to remove the debris which is effecting his business. The applicant requested the non-applicant to permit him to get the tin shed reconstructed but he refused to give him the said permission. Prayer was hence made by him in his application for directing the non-applicant to remove the debris from the suit accommodation and to redeliver vacant possession of the same to him.

(3.) Learned counsel for the applicant submits that the application filed by the applicant, in view of the averments made and the reliefs claimed therein was very much maintainable but has illegally been rejected by the Rent Controlling Authority. The provisions of Sec. 23-G of the Act, 1961 were squarely applicable to the facts of the case but have been totally misinterpreted by it.