BASHIR Vs. HUSSAIN BANO

JUDGEMENT

(1.) THIS is the non-applicant/petitioner revision filed under Section 23-E of M. P. Accommodation Control Act (hereinafter called 'the Act') against the order of eviction dated 10-7-2003 passed by the Rent Control Authority (hereinafter called as 'authority') on an application filed by the applicant/respondent/landlady.

(2.) THE landlady submitted before the Authority that suit house No. 8/2, Kadwghat, Indore was rented out to the petitioner on a monthly of Rs. 325, consisting of five rooms, two on first floor, 3 on ground floor, needed for herself and her family members, son Mohammad Iqbal and grandsons Chand Mohammad, Zia-ulhasan, grand daughter Shagufta Bano. She was residing in a small room at Kadwghat and her family members in a rented premises. Her two grand sons and grand daughter were school going children. She was old lady aged about 75 years, wanted to live with her family members in her own suit house. Her husband was died, earlier she filed civil suit for eviction against the non- applicant which was dismissed in default on 13-2-2000.

(3.) THE petitioner denied the pleadings of landlady and submitted that her need was not bonafide, she had sufficient accommodation, earlier also she filed an eviction suit which was dismissed in default. It shows that she had no genuine need and prayed for dismissal of the eviction application.