SYED ANIS Vs. SURJEET SINGH

JUDGEMENT

(1.) THIS is defendant's revision filed under Section 23-E of the M.P. Accommodation Control Act, arising out of an eviction suit, against an order dated 7.1.87 passed by the Rent Controlling Authority, Mandleshwar, in case No. 23/83-84/A-90, whereby he has ordered eviction of the petitioner-defendant from the suit accommodation.

(2.) THE facts giving rise to this petition, may be stated, in brief, thus : The respondent, who is a retired teacher of the State Government, is the owner of the suit house situated in Barwaha in which the petitioner-defendant is a tenant on the first floor on a monthly rent of Rs. 160/- per month which was let out to him for residential purpose.

(3.) THE defendant contested the plaintiff's suit though he did not dispute that he is a tenant in the suit house of which the plaintiff is the owner. Further, according to the defendant the plaintiff has his own house on the Khandwa Road, Barwaha, which he has purchased from the Housing Board in which he is residing for the last 8/10 months. Further according to him there are four rooms on the ground floor in the suit house which are in the possession of the plaintiff and the defendant is in possession of only one room on the first floor. He further submitted that the plaintiff has no intention of starting any business on the ground floor as despite being in possession of vacant rooms on the ground floor he has not started any shop so far which indicates that the plaintiff has no bonafide and genuine requirement for the suit accommodation.