MAYA TRIVEDI Vs. RAJNIKANT TIWARI

JUDGEMENT

(1.) THESE revisions under Section 23-E of the M. P. Accommodation Control Act (hereinafter referred to the "act" for convenience), are directed against the order dated 31-5-2003 passed by R. C. A. , Jabalpur in Eviction Case Nos. 55-A/90 (7) 2002, 53-A/90 (7) 2002, 54-A/90 (7) 20,02, whereby, petitioner's applications under Section 23-A (b) of the Act seeking eviction of tenants have been dismissed.

(2.) ADMITTEDLY, respondents are tenants of the petitioner in the suit premises Nos. 1040, 1039, Ravindra Nagar, Adhartal, Jabalpur. Petitioner filed applications under Section 23-A (b) of the Act before the RCA seeking their eviction on the ground that the suit premises are bona fide required for starting a business by her major son Sandeep Trivedi who at present is a jobless person. The applications were resisted by the respondents stating inter alia that the petitioner although is recovering rent from the respondents, as per Municipal Record, is not the owner of the suit premises. Since, she intended to dispossess the respondents unlawfully, C. S. No. 311-A/2001 was instituted by them before the 7th Civil Judge, Class II, Jabalpur. Vide judgment dated 15-5-2002 the petitioner and his son Sandeep Trivedi were restrained dispossessing the respondents unlawfully from the suit premises. The R. G. A. having recorded the evidence adduced by the petitioner vide impugned order dated 31-3-2003 held that the petitioner failed to prove her ownership of suit premises. Accordingly, applications seeking eviction of tenants under Section 23-A (b) of the Act have been dismissed. Being aggrieved, these revisions have been preferred.

(3.) UNDER Section 23-A of the Act, notwithstanding anything contained in any other law for the time being in force or contract to the contrary, a landlord may submit an application to the Rent Controlling Authority on one or more of the following grounds for an order directing the tenant to put the landlord in possession of the accommodation, namely :-