YOGENDRA POTDAR Vs. AHMAD ALI

JUDGEMENT

(1.) THIS civil revision under Section 23 -E of the M.P. Accommodation Control Act, 1961 (hereinafter "the Act") has been filed by the applicants who are the L.Rs of the tenantdefendant Yogendra Potdar assailing the order dated 6.8.2009 passed by learned Rent Controlling Authority, Bhopal in Case No.30/RCA/2004.

(2.) THE plaintiff -respondent No.1 Dr. Ahmad Ali filed an application for eviction on the ground envisaged under Section 23 -A of the Act. According to him, he is a retired Government employee and was a doctor in the health department. Thus, he comes within the purview of Section 23 -J of the said Act being a retired Government servant. The suit accommodation which is non -residential is required by the plaintiff to start a clinic of his own. The matter was contested by the original tenant by filing a written -statement after leave to defend was granted to him.

(3.) LEARNED Rent Controlling Authority framed necessary issues and after recording the necessary evidence passed the order of eviction against which this revision application has been filed by the L.Rs of the tenant since in the proceedings before the learned Rent Controlling Authority the original tenant Yogendra Potdar had died.