VINEETA AGARWAL Vs. MEERA DEVI AHUJA

JUDGEMENT

(1.) This civil revision has been filed under section 115 of Code of Civil Procedure by the tenant, against the judgment and decree dated 14-12-2016, passed by the Rent Control Authority, Raghuraj Nagar, Satna (M.P.) in Case No. 14-A/90/16-17, whereby the Rent Controlling Authority has allowed the application of the respondent under section 23-C and 23-D of the Rent Control Act, 1981 and directed the applicant to evict the disputed premises.

(2.) It is not in dispute that the applicant is the tenant for commercial purpose at the rate of Rs. 12,500/- per month and the respondent is the owner of the suit premises. The respondent is a widow and falls within the category under section 23-J of M.P. Accommodation Control Act. The respondent filed an application under section 23-A and 23-B of M.P. Accommodation Control Act, 1961 before the Rent Controlling Authority for eviction of the appellant/tenant on the ground of bona fide need of the suit premises, for her daughter Sapnato start her business.

(3.) The applicant has filed this revision on the grounds that the learned Rent Control Authority without affording opportunity of hearing has decided the case. Notices were never served on the applicant as per the mandatory prescribed format. It does not mention that the applicant is required to obtain leave of the Rent Control Authority, to contest the application for eviction on the ground and the default thereof within a period of 15 days, failing which the landlady would be entitled for an order of eviction. Hence, it is liable to be set aside.