NARMDA BAI LAMBHATE Vs. SAKUNTALA IDANE

JUDGEMENT

(1.) THIS appeal under section 32 of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as "the Act") is by the landlady whose application under section 39 of the Act was rejected by the Rent controlling Authority (RCA), Indore.

(2.) THE facts relevant for the decision lie in a narrow compass. It is not in dispute that the respondent occupied three rooms on the ground floor of the suit house on payment of monthly rent of Rs. 70/ -. The suit house is situated in Juna tukoganj, Indore and has been assigned Municipal No. 63-64. According to'the appellant, the rooms were allotted to the respondent by virtue of her holding office of profit under the State Government. It was claimed that subsequently, the respondent has been allotted a Govt. accommodation and she is residing there. It was also claimed that the suit accommodation is required by the appellant bona fide for occupation along with her family members.

(3.) THE application was contested by the respondent. It was also pointed out that the suit filed by the appellant in the Court of Vth Civil Judge, Class-H, indore was dismissed, therefore, the judgment and decree passed by the Civil court would operate as res judicata and the appellant was not entitled to any relief.