BHANWAR LAL Vs. GURUDAYAL SHARMA

JUDGEMENT

(1.) THIS is tenant's revision petition filed under Section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act').

(2.) THE brief facts of this case are as under :- The landlord initiated proceedings under section 23A(1)(b) of the Act. He is a retired Government doctor. He claimed benefit of the definition of the landlord as given in section 23-J of the Act. In his petition, he stated that the non-residential premises in the possession of the tenant-petitioner are required by him for running a clinic. He elaborated this by stating that the premises would be used for setting up a consulting room, a dispensing unit, an operation theatre, a nursing and recovery room. In a nutshell, he wanted to provide certain modern facilities to the patients in the locality. This petition was filed in the year 1986. Such a petition is required to be decided within a period of six months. A provision in this regard is enshrined in section 23 D of the Act. The legislative mandate, in this case, appears to have been given a complete go by. The ultimate eviction order was passed after seven years on 15th of April, 1993.

(3.) THE Rent Controlling Authority found the need of the landlord to be bonafide. The status of the petitioner as retired Government doctor is not in dispute. Accordingly, there is no merit in this petition. A request has been made to the Court on behalf of the petitioner that some time be granted to the petitioner to vacate the premises. This request is genuine. accordingly, three months' time is granted to the tenant to vacate the premises. This is subject to the condition that the tenant shall furnish an undertaking to the effect that he would hand over vacant possession of the premises to the landlord by 31st of July 1994. The tenant shall not part with possession to any third person. The tenant shall further pay up-to-date rent within a period of one month from today. It is made clear that in the event of non-furnishing of the undertaking within a period of 15 days, the landlord would be entitled to get the tenant evicted in accordance with law.