MOOLCHAND GHURILAL Vs. PRAHLAD DAS RAMLAL VAISHYA

JUDGEMENT

(1.) THIS order shall also dispose of C. R. No. 94/1985. This revision petition has been preferred under section 23 (E) of the M. P. Accommodation Control Act, because the applicant was aggrieved by the order of the rent Controlling Authority, Sheopur Kalan, in case No. 4/a-90/84-85 dated 28-2-1985.

(2.) NON-APPLICANT/landlord filed an application under section 23-A of the M. P. Accommodation Control (Amendment) Act, 1983 (for short, hereinafter referred to act No. 27 of 1983) for eviction of the applicant from a non-residential accommodation on the ground of bona fide requirement. Upon this, a notice was issued by the authority to the applicant/tenant, who submitted an application for grant of leave to defend, and denied the averments contained in the application of the non-applicant/landlord. The applicant, inter alea also raised a plea that the non-applicant/landlord previously filed civil suit No. 746-A of 1983 in the Court of additional Civil Judge Class II, Sheopur Kalan, which was withdrawn in contravention of the provisions of 0. 23, R. 1, CPC.

(3.) WHILE these proceedings were pending before the Authority, the Act was amended by M. P. Accommodation Control (Amendment) Ordinance, 1985 (for short, hereafter called 'the Ordinance') which came into force on 15-1-1985. By section 23-J of the Ordinance, the jurisdiction of the Rent Controlling Authority was taken away with regard to proceedings filed by the landlord except the category enumerated in section 23-J of the Ordinance. For convenience, it is being reproduced below :