JAFAR Vs. ANJANA GURU

JUDGEMENT

(1.) THE applicant is a tenant in residential premises. Proceedings for eviction were initiated against him before the Rent Controlling Authority under Chapter III -A of M.R Accommodation Control Act, 1961 (in short "the Act"). The matter came up to this Court, vide order dated 20/12/2012, passed by Sub Divisional Officer (Revenue) and Rent Controlling Authority, Barwani, District - Barwani, in Revenue Case No.O l/A -90(3)/2011 -12. The learned authority allowed the application filed by the non -applicant under Section 23 A (a) of the Act and passed order for ejectment of non -applicant in respect of House No.86/4 (Width 46' 6" and length 45).

(2.) IT is submitted by the learned counsel for the applicants that application under Section 23 A was not maintainable as the applicant, who are tenants does not belong to specific category of landlord as contemplated by Section 23 -J of the Act. The order directing ejectment of the applicants in proceedings initiated by the landlord/nonapplicant was without jurisdiction. It is also submitted that no detail order has been passed by holding that applicants are landlord. It is also submitted that the learned RCA has held the possession of the applicants are en -croacher and, therefore, RCA had no jurisdiction to pass eviction order.

(3.) ON the other hand, learned counsel for the non -applicant submits that no such objection was raised by the applicants before the RCA when they received notice from the RCA. She submitted that well -reasoned order has been passed by the RCA and prays for dismissal of the revision application.