RATANBAI Vs. CHETANDAS

JUDGEMENT

(1.) This revision under S.23(3) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') is directed against the order dated 31-8-1984 passed by the Rent Controlling Authority, Mandsaur, in case No.5/83-84.

(2.) The material facts giving rise to this revision are as follows : The applicant is a widow. The applicant submitted an application before the Rent Controlling Authority, for eviction of the non-applicant from the tenanted accommodation on the ground that the applicant requires the tenanted accommodation for starting the business of her major son Rajkumar and that she was not in possession of any other accommodation of her own available to her for that purpose in the town of Mandsaur. On an application made by the non-applicant, the Rent Controlling Authority granted leave to defend the action. The non-applicant contested the claim of the applicant. The Rent Controlling Authority rejected the application for eviction holding that the applicant failed to prove that she requires the tenanted accommodation for starting the business of her major son. Aggrieved by the order passed by the Rent Controlling Authority, the applicant has submitted this revision.

(3.) The learned counsel for the applicant contended that the Rent Controlling Authority has not appreciated the evidence properly and has acted unreasonably in dismissing the claim for eviction.