HARVILAS SHIVHARE Vs. JAHOOR KHAN

JUDGEMENT

(1.) THIS petition has been preferred under section 23-E of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as the Act ). The Rent Controlling Authority (hereinafter referred to as RCA) has come to the conclusion that the need of the respondent-landlord is bona fide. An order of eviction has been passed. This order is subject matter of this petition. The brief facts for the purposes of this petition be noticed as under :

(2.) LEAVE to defend was granted. The petitioner took a plea that the petition had not been preferred bona fide. According to him, this Petition was filed with an oblique motive. The motive is said to be to seek enhancement of the rent. It is sought to be contended that rent was enhanced from time to time. The first enhancement is said to have been made in the year 1979. The second enhancement is said to have been made in the year 1984 and the third enhancement is made in the year 1993. It was pleaded that the landlord wanted the rent to be increased again and the petitioner was not agreeable to enhance the rent. This led to the filing of the petition. The RCA has come to the conclusion that the case of the landlord do fall within the parameters set out in section 23-A of the Act. The need of the respondent landlord had been found to be bona fide. An order of eviction has been passed. It is against the above order, the present revision petition was filed.

(3.) THE learned counsel for the tenant petitioner submits :