(1.) THIS is a civil revision under section 23-E of the Madhya Pradesh Accommodation Control Act (Act for short). By the impugned order Rent Controlling Authority (R.C.A. for short) has dismissed an application for eviction filed by the predecessor of the petitioner. Smt. Surajbai (a widow who died during the pendency of application and the petitioner was taken on record as a legal representative) for bona fide requirement for non- residential purpose of the petitioner under section 23-A(b) of the Act.
(2.) AS per application disputed shop was let out to one Chain Singh (since dead legal representatives brought on record) and Subahu Kumar (R-3) on 4-11-1985 on monthly rent of Rs. 350/-. Disputed shop is bona fide required for business of the petitioner who had a shop on rent from one Mehoob Khan who had obtained a decree from the Civil Court for his eviction and ejected him. As per application petitioner would start his cycle repairing shop in the disputed shop. No other reasonably suitable shop is there within the town for this purpose. No alternative suitable shop has come in possession of the petitioner under the Will.
(3.) R .C.A. held that the petitioner could continue with the application as a legal representative of deceased Smt. Suraj Bai but held that ground for eviction was not proved and dismissed the application.
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