UMEDCHAND PRAKASHCHAND Vs. SIKANDAR HUSSAIN

JUDGEMENT

(1.) THIS revision petition has been filed by the petitioners tenants against an order passed by the Rent Controlling Authority, Dhamtari in case No. 31-A/90 (8)/83-84 wherein, by the impugned order, a decree for eviction has been granted against die petitioner.

(2.) BRIEF facts necessary for disposal of this revision petition are that after service of summons, the present petitioners tenants submitted an application under section 23-C of the M. P. Accommodation Act for leave to defend. The learned Rent controlling Authority rejected this application and refused permission to defend and thereafter passed an order of eviction.

(3.) IT was contended that para 3 of the order passed by the Rent Controlling authority discloses that there were good grounds for defence in the application and the learned Rent Controlling Authority was bound to exercise jurisdiction under section 23-C of the Act and grant leave to defend.