AMRIBAI Vs. MOHAMMADALIKHAN

JUDGEMENT

(1.) THIS revision is directed against the order dated 5.3.93 of Rent Controlling Authority, Indore, passed in Case No. A(7) 304/84-85, whereby a decree of eviction has been granted against the applicant-tenant.

(2.) BRIEF history of the case is that the non-applicant landlord filed a suit before the Rent Controlling Authority under Section 23-A of the M.P. Accommodation Control Act which shall hereafter be referred to as 'the Act' with the assertion that he is Asstt. Public Prosecutor or and has been posted in Indore. He has not been allotted any house and therefore he requires the suit house bonafide for residence. He has further pleaded that looking to the number of children the residential accommodation presently provided by, his father is not sufficient.

(3.) AFTER remand of the file, the non-applicant-landlord amended the plaint on 13.9.1989 and pleaded that he has not been allotted any house at Indore and further he is not entitled without any penal rent as he is owning a house at Indore. The applicant-tenant denied this contention also. However, after taking the evidence of the parties the learned Rent Controlling Authority has passed the impugned decree. Hence, this revision.