KRISHAN KUMAR BAORI Vs. GANGA PRASAD SINGHI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 9.6.1994 passed by Rent Controlling Authority, Gwalior.

(2.) THE petitioner moved an application before the Rent Controlling Authority, Gwalior under section 23 -Aof the M.P. Accommodation Control Act, 1961 (hereinafter called 'the Act' for short), claiming himself to be a handicapped person. The learned Rent Controlling Authority after considering the entire material on record concluded that the petitioner could not establish that he was a handicapped person; His petition was not maintainable and the Court had no jurisdiction to entertain the same by impugned order dated 9.6.1994. Against the order, the petitioner has preferred this revision petition.

(3.) THUS , the only point that calls for determination in this petition is as to whether the petitioner is handicapped person or not within the meaning of section 23 J (iv). Learned Rent Controlling Authority held that the petitioner is not a handicapped person on the basis of evidence discussed by it. It must be kept in mind that the findings of fact or mixed findings of fact and law are not subject to revisional interference. Learned counsel for the revisionist urged that the powers of revision conferred upon this Court under section 23 -E are wider than the powers under section 115 CPC. In this connection he placed reliance upon Raichand Jain v. Miss Chandra Kanta Kholsa (1991 MPRCJ 148) and Chittu Khan v. Smt. Kalawati Bai Bhargava (1989 MPRCJ NOC 14).