UPICA LIMITED Vs. TEKCHAND KESHWANI

JUDGEMENT

(1.) THIS is a revision filed by the petitioner/tenant under Section 23-E of the M. P. Accommodation Control Act, 1961 against the order dated 28-6-2003 passed by Rent Controlling Authority, Bhopal (hereinafter referred to as 'authority') in Case No. 60/rca/92.

(2.) IN brief the facts are that the respondent/landlord had filed an application before the Authority seeking eviction of the petitioner/tenant stating therein that he is a retired Govt. servant and he bonafidely requires the suit shop No. 16 situated at ward No. 27 Guru Teg Bahadur, Roshanpura, Bhopal given on rent @ 2500 p. m. to the petitioner for starting his own business and for this he has no other suitable non-residential accommodation of his own in occupation in the city of Bhopal.

(3.) IN reply the petitioner/tenant stated that initially the suit shop was rented for Rs. 1500/- per month thereafter the rent was enhanced to Rs. 2000/- in the year 1985 then after three years w. e. f. 1-12-1988 it was enhanced to Rs. 2500/- this establishes that the landlord wants to enhance the rent. It was further submitted by the petitioner/tenant before the Authority that since the respondent has retired from service he is getting enough pension and as such he has no need to go for the business and therefore his need is not bond fide. It has further been averred that at this age it is not possible for the respondent to run the shop. The petitioner/tenant further submitted that the respondent has no experience and funds for starling the business.