HARISHANKAR SHARMA Vs. DALCHAND AGARWAL

JUDGEMENT

(1.) THE present civil revision filed under section 23-E of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as 'the act') read with section 115 of the Code of Civil Procedure raises an important question about the scope of the proviso appearing immediately after clause (b) of section 23-A of the Act.

(2.) THE non-applicant filed a suit for ejectment of the applicant claiming that the suit premises in occupation of the applicant was required by him bona fide for his residential needs, and hence the applicant was liable to be ejected under section 23-A of the Act. The applicant on being noticed, raised an objection to the maintainability of the proceedings on the ground that the non-applicant has acquired the suit property on 15-6-1983 and was not entitled to make an application for eviction unless a period of one year has elapsed from that date. The fact that the property was acquired by the non-applicant on 15-6-1983 and proceedings for ejectment were started on 23-12-1983 is admitted. The Rent Controlling Authority was of the view that proviso to section 23-A of the Act governs proceedings in relation to non-residential accommodation and not to residential accommodation and since the case related to residential accommodation, the proceedings were maintainable. It is this order which is challenged in the present revision.

(3.) SECTION 23-A which is the subject matter of this revision, reads as under :-