DHEERAJBAI Vs. USHABAI

JUDGEMENT

(1.) THIS revision under Section 23-J of the M. P. Accommodation Control Act, 1961, is directed against the order dated 12-9-2002 passed by the Rent Controlling Authority, Indore, in Case No. 47/97, ordering eviction of the applicant tenant from a non-residential accommodation bearing Municipal No. 158 (old No. 72) situated at Devi Ahilya Marg, Jail Road, Indore.

(2.) ADMITTEDLY the accommodation in question originally belonged to one late Ms. Basantibai. Respondent Ushabai is the sister-in-law (brother's wife) of late Ms. Basantibai and it appears that after the death of Basantibai, respondent Ushabai has been collecting rent of the suit accommodation from the applicant tenant. The accommodation is held by applicant for non-residential purpose on rent @ Rs. 175/- per month. Respondent Ushabai, a widow, sought applicant's eviction from the suit accommodation on the ground of bonafide need, as specified in Clause (b) of Section 23-A of the M. P. Act and it was averred that her two daughters and their husbands are living with her and that her younger daughter's husband is without any job and wants to start business in the suit accommodation and that she or the said son-in-law has no other accommodation in their possession in Indore town suitable for that purpose.

(3.) THE claim of the respondent was resisted by the applicant tenant and it was denied that there existed any relationship of landlord and tenant between them. It was also denied that the respondent is the owner of the suit accommodation. The need of the respondent was also questioned and it was submitted that the need of her son-in-law could not be a ground for eviction under Clause (b) of Section 23-A of the M. P. Act.