PREM NARAYAN SHARMA Vs. KAMAL KISHORE SHARMA

JUDGEMENT

(1.) Regard being had to the similitude to the questions, Civil Revision No. 107/2009 (Prem Narayan Sharma Vs. Kamal Kishore Sharma) and Civil Revision No. 108/2009(Prem Narayan Sharma Vs. Kamal Kishore Sharma) both these revisions can be decided together because in both these revisions parties are same and revisions are arising out of order dated 3/8/2009 passed by Rent Controlling Authority. Civil Revision No. 107/2009 was filed for ejectment of respondent from a room, whereas, Civil Revision No. 108/2009 was filed for ejectment of respondent from the shop, both situate in Municipal House No. 51/07, situate at Naya Bazar, Lashkar, Gwalior. For the sake of convenience, facts of Civil Revision No. 107/2009 are being taken for consideration.

(2.) The present Civil Revision (107/2009) under Section 23-E of the M.P. Accommodation Control Act, 1961 has been preferred by the petitioner/landlord against the order dated

(3.) /8/2009 passed by Rent Controlling Authority, Gwalior in case No. 18/02-03/90-7; whereby, the application preferred by the petitioner for eviction under Section 23- of the M.P. Accommodation Control Act, 1961 has been rejected. Whereas, Civil Revision No. 108/2009 has been filed against the order of even date passed by Rent Controlling Authority, Gwalior in case No. 10/01/02/90-7; whereby, the application preferred by the petitioner for ejectment of respondent from the shop in question has been rejected. Petitioner prayed for ejectment of respondent from the suit shop on the ground that after his retirement he is free and therefore, is in bona fide requirement of shop to start business of General Merchant and General Store. 3. Since both the civil revisions are being preferred by petitioner/landlord -Prem Nayayan Sharma against the respondent/tenant-Kamal Kishore Sharma and only difference in both these revisions is in regard to room and shop in question, therefore, both are decided by this common order and for the sake of convenience, facts of Civil Revision No. 107/2009 are being taken for consideration.