RAMDULARIBAI Vs. CHHATRAPAL SINGH PUNJABI

JUDGEMENT

(1.) The present revision petition is filed against the order dated 9-10-1991, passed by the Rent Controlling Authority, Itarsi, District Hoshangabad in Revenue Case No. 2A of 1990 (6) 1990-91 dismissing the case of the applicants landlords.

(2.) The applicants-landlords had filed an application under S. 23A(b) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'), on the ground that they are owners and landlords of the suit shop and the non-applicant is the tenant in one of their shops at Rs. 500/- per month. The suit premises are required by the appellant No. 1 for his son applicant No. 2.

(3.) In reply, the non-applicant submitted that the land on which the suit shop is located was given on lease to the applicant No. 1 by the Municipal Council, on which she had constructed two shops. Since she wanted to dispose of the suit shop, the non-applicant has filed a suit for permanent injunction against the applicants in Civil Court, which is pending. Relief claimed in that suit is that she should not dispose of those shops. In the application before the Rent Controlling Authority tenancy is not specifically denied, but the ownership is denied on the ground that the landlady is the lessee of Municipal Council in respect of the land over which the landlady constructed the shops and let out.