RAJKUMARI VISHWAKARMA Vs. SACHCHIDANAND SINGH

JUDGEMENT

(1.) THIS revision petition under Section 23E of the Madhya Pradesh Accommodation Control Act, 1961 is directed against the order passed on 23/6/2014 by the Rent Controlling Authority, Vidisha.

(2.) FACTS necessary for the disposal of this revision petition are in narrow compass. The respondent/plaintiff -Sachchidanand Singh, S/o Shri Satya Narayan Singh, is a retired employee and presently living in rented premises Mishra Bhawan, Neemtal. He owns a house in Mukharji Nagar. The said house was purchased by respondent/plaintiff vide registered sale deed dated 28/3/2012. Rent agreement in respect of the suit house was executed on 7/4/2010 leasing the same on rent to the petitioner/defendant on monthly rent of Rs. 1,300/ - and the same is increased to Rs. 1,800/ - per month. On the complaint that petitioner/defendant has stopped paying rent for last six months and is residing therein unauthorizedly the aforesaid eviction petition was filed with the prayer that the petitioner/defendant be directed to pay arrears of rent for six months amounting to Rs. 10,800/ - and in the event of failure to deposit the rent, petitioner/defendant be directed to vacate the suit premises.

(3.) THE plaintiff has denied that any agreement to sale was entered into between the parties. It is submitted that the story made by the defendant is totally concocted and has no factual basis. As regards wrong mentioning of the Sections in the application, it is submitted that in fact the application should be treated under Section 23 of the Act for eviction and wrong mentioning of Section shall not merit dismissal of application.