ANAR DEVI Vs. NATHURAM

JUDGEMENT

(1.) LEARNED counsel for parties were heard by us.

(2.) WHETHER clause (b) of section 23A of the Madhya Pradesh Accomodation Control Act, 1961 (for short 'the Act'), which confers a right on the landlord to seek recovery of possession of non -residential accommodation from his tenant. on the ground specified thereunder, requires him to plead in his application to be made therefore, that he is also the owner of such accommodation and establish such ownership to succeed in that application, being a question of importance arising for our consideration in the Special Leave Petition, the Special leave to appeal sought for therein is granted.

(3.) HOWEVER , as a notice had been issued by the appellant to the respondent in the meantime, calling upon him to put her in possession of the accommodation on the ground that it was required bona fide, for starting of a business by her sons, that that notice of the appellant was replied to by the respondent by issuance of a counter notice, Ex. P -4, which read thus: