CHHABBALDAS THROUGH L.RS. Vs. NIRMALA DEVI

JUDGEMENT

(1.) THIS is a revision filed by the applicants/tenants under section 23 -E of the M. P. Accommodation Control Act, 1961 against the order dated 23 -4 -2003 passed by Rent Controlling Authority, Bhopal hereinafter referred to as 'Authority' in Case No. 1 l/RCA/96.

(2.) THE brief facts necessary for the disposal of this revision are that the non -applicant landlord had filed an application under section 23 -A(b) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'Act') seeking eviction of the applicant/tenant from shop No. 1/7 situated at Ward No.4 of Bairagarh. The non -applicant landlord in her application had pleaded that she is widow of Hotchand. Hotchand had filed a suit for eviction against the applicant. During the pendency of the suit he died. His widow non -applicant withdrew the suit from the Court of Vllth Civil Judge, Class -U, Bhopal with permission to file application before the Authority. On being permitted the application has been filed before the authority, seeking eviction of applicant/ tenant on the ground that the suit shop is bona fidely required by her for starting cloth business of her son Deepak who is presently unemployed and for this she has no other suitable accommodation in the city of Bairagarh and Bhopal.

(3.) THE Authority after framing issues recorded evidence of both the sides and vide impugned order has held the non -applicant is owner of the suit shop and she has proved her bona fide need of the suit shop for starting cloth business of her son Deepak for that she has no other premises in the city of Bhopal. The application was allowed and the applicant/tenant was directed to vacate the suit shop within two months.