PREMNARAYAN Vs. USHA MATHKARI

JUDGEMENT

(1.) THE learned counsel for petitioner prays for and is granted permission to withdraw LA. 3236/04, the same is accordingly dismissed. Heard on I.A. 4954/04. This is an application for taking the corrected certified copy on record. The respondent has no objection. The application is, therefore, allowed and the fresh certified copy of order dated 6.3.2004 is taken on record.

(2.) HEARD on admission. Aggrieved by order dated 6.3.2004 passed by the Controlling Authority, Guna allowing respondents application preferred under section 23-A of the M.P. Accommodation Control Act, 1961, on the ground of bona fide need of the non-residential premises for the business of one of her major sons, namely, Gyanesh this revision-petition has been preferred by the tenant-petitioner under section 23-E of the M.P. Accommodation Control Act, 1961. The learned Rent Controlling Authority because of non-compliance of the provisions of section 13 (1) of M.P. Accommodation Control Act, struck off the defence of the petitioner vide impugned order and thereafter considering the evidence on record allowed the application of the respondent.

(3.) IN these proceedings before the Rent Controlling Authority, respondent had submitted her own affidavit as well as the affidavit of her son for whose requirement she had initiated the proceedings. Both of them were also cross-examined by the learned counsel for petitioner. The defence of petitioner was struck off. Otherwise also she and her witness have amply supported her case and there is nothing to demonstrate any infirmity in the decision of the learned Rent Controlling Authority in relying on their testimony. Thus, there was no infirmity or illegality in the impugned order calling for any kind of interference by this Court. There is no substance in this revision petition and it is also rightly dismissed at this stage of admission itself. In view of above order, the M.C.P. 749/04 as well as M.C.P. No. 1178/04 both are rendered infructious and are accordingly dismissed. The stay granted earlier stands vacated.