VISHWANATH BAPUSINGH TOMAR Vs. VIRENDRASINGH PRAHLADSINGH CHOUHAN

JUDGEMENT

(1.) THIS revision petition under section 23-E of the M. P. Accommodation Control Act 1961 (for short 'the Act' or 'the Principal Act') is directed against the order dated 21-8-1984 passed by the Rent Controlling Authority, dewas (for short 'the Authority') whereby the non-applicant's application under section 23-A of the Act for eviction of the petitioner stands allowed.

(2.) CIRCUMSTANCES giving rise to the petition are these. On the application under section 23-A of the Principal Act filed on 12-2-1984 by the non-applicant who had retired on 31-10-1983 from the post of Principal, Higher Secondary School, Singlana, dist. Dhar for eviction of the present petitioner from the accommodation in question situate at Dewas, summons in relation to the said application was issued for 1-4-1984. It was returned unserved. Ultimately summons for 5-5-1984 was served on him on 3-5-1984 by affixure as ordered by the Authority describing as Sub-Divisional Officer. Service was held good and the case was adjourned to 18-5-1984.

(3.) ACCORDING to the petitioner, he was out of station and came to know about the summons on 15-5-1984 on return. He filed an application through a counsel on 17-5-1984 before the Authority along with an affidavit stating that the ground of bona fide requirement of the landlord for residence is a pretence and he is already in possession of his own accommodation in Dewas for his residence and praying for him to engage a counsel. The learned Authority not treating the application which contained a prayer for permission to engage a counsel as one for leave to contest the application for eviction rejected it by its order dated 29:5-1984.