GANGUBAI Vs. BHAGWATI CHARAN DAHARWAL

JUDGEMENT

(1.) THE present revision petition is under Section 23-E of the M.P. Accommodation Control Act, 1961 against the order of the Rent Controlling Authority, Raipur, passed on 7.8.1991 in Eviction Case No. 64/90(7) of the year 1990-91, refusing to entertain the application for ejectment on the ground that it has no jurisdiction.

(2.) THE suit was originally presented under Section 12(2) of the M.P. Accommodation Control (Amendment) Act, 1983, in the Court of 9th Civil Judges Class II, Raipur, being Civil Suit 75-A of 1987 but the plaint of the suit was returned on 7.9.1989 under Order 7 Rule 10 of the Code of Civil Procedure for being presented before the Rent Controlling Authority, Raipur on account of aforesaid 1983 amendment in the M.P. Accommodation Control Act, 1961, as under Section 11-A of the above the Civil Court has no jurisdiction to try the case of a widow.

(3.) THE submission of the learned counsel or the applicant is that having held that the ejectment application is still triable by the Rent Controlling Authority, the said Court should not have dismissed the application as a whole but should have tried the prayer which falls into its jurisdiction.