GULAB BAI Vs. SUBHASH CHANDRA

JUDGEMENT

(1.) This reference has been made before us vide order dated 07.09.2012 passed by the learned Single Judge of this High Court in Civil Revision No.71/2012 to answer the following question: -

(2.) Briefly stated, the respondent a retired employee of the Indore Municipal Corporation filed an application before the Rent Controlling Authority (for short, RCA), Indore, under Section 23-A of the MP Accommodation Control Act, 1961 (in short, "the Act 1961"), seeking eviction of his tenant (applicants herein) for his bona fide requirement of the non-residential accommodation situated at Indore let out to them (claiming himself to be covered under the definition of 'landlord' given under Section 23-J of the Act 1961).

(3.) The applicants in their reply denied the averments made by the respondent in his application. They raised a plea that the respondent is not covered under the Special Category of 'landlord' as defined in Section 23-J of the Act 1961.