SONA BAI Vs. KHOOB CHAND

JUDGEMENT

(1.) The present revision by the landlady/applicant No. 1 and the other applicants is directed against the interim order dated 31-7-1989 passed by the Rent Controlling Authority in Case No. 51/86-87. It may be mentioned that the revision was barred by limitation as provided under S. 23-E of the M.P. Accommodation Control Act, 1961. But, then, vide order passed by this Court on 7-7-1992, it, in the facts and circumstances of the case, considered it proper to entertain the same in exercise of its suo motu power under the said Section and as such there remains no question of it being barred by limitation.

(2.) As the tenant-applicant had not deposited rent during the pendency of the case instituted by landlady-applicant No. 1 and the other applicants for his eviction from the accommodation in question under S. 23-A of the M.P. Accommodation Control Act, 1961, the landlady-applicant No. 1 and the other applicants made an application to the Rent Controlling Authority for striking out his defence under Sub-Sec. (6) of S. 13 of the Act. But, then, since in his written statement, the tenant non-applicant had denied the relationship of landlord and tenant between the parties, it was held by the Rent Controlling Authority vide his order dated 31-7-1989 that before it could pass any order in respect of the said application it was necessary that they produced evidence before it to establish the fact that the defendant-non-applicant was the tenant of the landlady-applicant No. 1 in respect of the said accommodation.

(3.) The present revision under S. 23-E of the Act is directed against the abovesaid order dated 31-7-1989 passed by the Rent Controlling Authority. In the opinion of this Court, there is an error of law apparent on the face of the said order. In fact, it was for the said reason that this Court vide its order dated 7-7-1992 considered it proper and to be in the interest of justice to interfere with the said order in exercise of its suo motu power of revision under S. 23-E.