CHANDRA KANT Vs. H.D. SONI

JUDGEMENT

(1.) THIS is tenant's revision under Section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) against an order dated 22.1.1986 whereby the Rent Controlling Authority, Bilaspur while refusing leave to defend the case, passed direction for applicant's eviction from the suit premises.

(2.) SHRI N.K. Patel, learned counsel appearing for the applicant/tenant vehemently argued that despite the applicant's prima facie demonstrating that he has a reasonable defence to be raised against the non-applicant/landlord, no heed was paid to his prayer and while rejecting the same order for eviction was passed against him.

(3.) ON receipt of summons from the Rent Controlling Authority, the applicant filed an application under Section 23-C of the Act seeking leave to defend. This application was duly supported by an affidavit. The applicant/tenant sought for leave to defend on the ground, inter alia, that the need as shown by the non-applicant was not at all bonafide but is a pretext to increase rent. The tenant has also illustrated the conduct of the non-applicant that in a notice served by him allegation of subletting was levelled; that the rent was also increased @ Rs. 4/- per day amounting to Rs. 120 per month; as regards, starting a lodge at Bilaspur, it is averred that in that case the non-applicant would not have settled at Durg and joined the bar. It is also alleged that the grounds stated for applicant's eviction from suit premises are vague, inasmuch as, the application made by the non-applicant does not disclose the name of those tenants who are ready to vacate the premises for the landlord's opening a lodge.