(1.) This revision, which arises out of eviction proceedings, pending before the Rent Controlling Authority, Indore is directed against an order dated 7-7-86 passed in Case No. A90(7) 98/85-86, whereby the application filed by the petitioner-tenant seeking leave to defend the suit as contemplated by Sec. 23-C of the M.P. Accommodation Control Act, has been dismissed.
(2.) The facts giving rise to this petition, may be stated, in brief, thus : The respondent who is a retired Government Servant of the State of M.P., filed an eviction suit against the petitioner who is his tenant, before the Rent Controlling Authority, Indore on an allegation that the plaintiff respondent is in bonafide need of the disputed non-residential suit accommodation as he wants to start a stationery and general stores shop therein with the help of his major son and for this purpose he has no other reasonably suitable accommodation in the city of Indore where he can start such a business. The plaintiff-respondent, therefore, as a landlord as defined under Sec. 23-J filed the present suit for eviction on the ground of bonafide need.
(3.) The petitioner-defendant submitted an application under.S. 23-C of the said Act seeking leave to defend the suit by denying the plaintiff's allegation as according to him the respondent-landlord having retired as an Upper Division Clerk from the service of the M.P. State Road Transport Corporation is not a Government servant and, therefore, he is not covered by the definition of a retired Government servant and that even though the plaintiff-respondent is recovering the rent of the suit accommodation from the petitioner-tenant, still he is not the owner thereof, but there are other owners and consequently the plaintiff alone by claiming himself to be the owner and landlord of the suit accommodation, cannot evict the defendant-applicant from the same.