RAMSHARAN CHOURASIA Vs. USHA TRADERS

JUDGEMENT

(1.) THE revision petition is directed against the judgment and order dated 4.6.92 of the Rent Controlling Authority passed in Case No. 7(Misc.11)/92 whereby on the objection filed by one Ramprakash s/o Brijlal Agarwal an eviction decree passed in favour of applicant and as against Usha Traders : Proprietor Omprakash Agarwal has been set aside.

(2.) THE brief history of the case is that the plaintiff applicant obtained a decree of eviction against the N.A. vide order dated 29.10.84 of Rent Controlling Authority the execution proceedings were started. The officer-in-charge of warrant returned warrant with the endorsement that nobody with the name as Omprakash resides in the house; as such, the possession could not be delivered to the plaintiff-applicant.

(3.) THE decree passed by Rent Controlling Authority is final as provided in Section 36 of M.P. Accommodation Control Act which reads as follows :-