HAMEEDA BEGAM Vs. CHAMPA BAI JAIN

JUDGEMENT

(1.) IN this revision preferred under Section 23-E of the M. P. Accommodation Control Act, 1961 (for brevity 'the Act') assail is to the order passed by the Rent Controlling Authority in Case No. 2-A/90 (7) 97-98 whereby the said authority has rejected the application preferred by the revisionist under section 23-A of the Act.

(2.) THE civil revision was listed for hearing before the learned Single judge who thought it seemly to refer the matter to be adjudicated by a Larger bench and accordingly he recommended for constituting Larger Bench as envisaged under Rule 9 (1) of the M. P. High Court Rules and orders. Accordingly the revision has been placed before us. We may at the outset state that though the entire case has been referred, the learned Single Judge has framed questions to be answered by a Larger Bench and in view of that we think it appropriate to reproduce the questions which form the part of the order passed by the learned Single Judge :-

(3.) AS the specific questions of law have been referred, we are of the considered view that the same are to be answered and thereafter matter is to be listed before the learned Single Judge for final adjudication. We say so because of the nature of reference. Before we advert to the aforesaid questions, we think it condign to refer to the factual score. Four persons, namely barkatullah, Amna Bi, Jalaluddin and Hamida Bi had granted lease of a building known as "kudrat Manzil" to one Shikar Chand Jain by registered sale deed dated 1-5-1968. Barkatullah left for heavenly abode leaving behind his legal heirs, five in number. His daughter Sona Bi and one of his son hafizullah the lessors initiated civil action forming the subject-matter of C. S. No. 147-A/88 against the original tenant seeking his eviction on numerous grounds as envisaged under Section 12 (1) of the Act. The names of lessors other than Hameeda Bi and Hafizullah were deleted from the array of plaintiffs. The original tenant breathed his last during the pendency of the suit. The legal representatives were brought on record. Inder Kumar one of the legal heirs, purchased the share of Sona Bi, one of the heirs of co-lessor Barkatullah by registered sale dated 20-9-1982.