RUPESH FAUJDAR & ORDERS Vs. PRADEEP KUMAR TAMRAKAR

JUDGEMENT

(1.) This Civil Revision has been filed under Section 23-E of M.P. Accommodation Control Act, 1961 (for brevity Act of 1961) to hold that the Rent Controlling Authority has no jurisdiction to entertain the application filed by person other than the "Landlord" as defined under Section 23-J of Act of 1961, and to set aside order dated 20.06.2016 passed by Rent Controlling Authority, District Satna in case No. 5-A/90/15-16.

(2.) The applicants/tenants contend that, the present respondent representing himself to be the "Landlord" moved an application under Section 23 of M.P. Accommodation Control Act, 1961 for eviction of the applicants/tenants on the ground that the duration of the tenancy has lapsed and appellants became illegal occupants of the premises, but the Rent Controlling Authority has passed the impugned order dated 20.06.2016 without jurisdiction. Respondent does not fall in the category of 'Landlord' as per the provision of Section 23-J of Act of 1961. Applicants further submitted that for recovery of the possession minimum period of 2 months is stipulated under Section 23-J. But in the impugned order only 15 days time is granted to the applicants to vacate the premises, failing which the possession shall be removed with the help of Police. Hence, the applicants prayed to set aside impugned order dated 20.08.2016 passed by Act of 1961 without jurisdiction.

(3.) Heard the learned counsel for parties at length. Learned counsel for the respondent vehemently opposed the prayer of the applicants and contended that learned Act of 1961 closed the right of the applicants' for cross examination of the respondent's witnesses, matter was posted for final arguments, thus revision is liable to be dismissed.