SUSHEELA Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS civil revision is directed against the order dated 27.08.2009 passed by the Rent Controlling Authority, Mandla, in Case No.1(A-90/1)/2007-08. It is contended that the applicant being a specified landlady as defined under Section 23-J of the M.P. Accommodation Control Act, 1961 (herein after referred to as 'Act'), approached the Rent Controlling Authority by filing an application for eviction of the respondent under Section 23-A(b) of the Act. The respondent was a tenant in the said premises and was using the same for non-residential purposes. The applicant being a widow, was in need of the demise premises for her own occupation. The notices of the application were issued to the respondent by the Rent Controlling Authority but the respondent failed to make any application under Section 23- C of the Act for grant of leave to contest the claim made by the applicant. However, an objection was filed by the respondent saying that the demise premises was let out to the respondent on a lease for a period of 30 years and as the said period was not over, the proceedings under the provisions of the Act aforesaid were not tenable. It was further contended that there was an agreement to sell out the demise premises to the respondent.

(2.) THE Rent Controlling Authority asked the parties to produce certain documents. However, since no documents were produced, the Rent Controlling Authority proceeded to decide the claim made by the applicant. It was stated in the order impugned by the Rent Controlling Authority that since there was an agreement placed on record by the respondent, therefore, there was a dispute in between the parties, which was to be resolved only and only by the Civil Court and the claim made by the applicant was rejected.

(3.) PER contra, it is contended by learned Counsel appearing for the respondent that since there was a dispute raised by the respondent, the Rent Controlling Authority was right in referring the matter to the Civil Court and in case the applicant has any reason to obtain an order of eviction, she can approach the Civil Court. This being so, it is contended by learned Counsel for the respondent that the order passed by the Rent Controlling Authority is just and proper and need no interference.