SHEIKH AHMAD HANFI Vs. APARAJITA SHARMA

JUDGEMENT

(1.) By way of present petition, challenge is made to the impugned order passed by the Rent Controlling Authority ('RCA' for short), thereby rejecting the application/plaint of the petitioner for eviction of respondents on the grounds that the matter is cognizable by the Commercial Court and since the property has been let out for commercial purpose, therefore, the Courts will not have jurisdiction to entertain the application for eviction.

(2.) It is not in dispute that under M.P. Accommodation Control Act 1961, for certain special categories of landlords on some specific grounds, eviction petitions are entertained by RCA while for regular categories of landlords, regular civil suits are filed before the regular Civil Courts. Since the present petitioner claims to be a special category of landlord being retired government servant and senior citizen, therefore, as a special category of landlord, he had filed application/plaint before the RCA for eviction of the respondents on the grounds of bona fide need of himself and his sons and daughter to open a nursing home in the suit premises.

(3.) It is not in dispute that the premises have been let out for commercial purpose and the present respondents are running a nursing home in the suit premises, whereas the plaintiff landlord, who is the petitioner before this Court is also a doctor and was previously in government service and has filed the eviction suit on the grounds of bona fide need to open nursing home for himself and his children as they are also having medical degree.