ASHOK KUMAR JAISWAL Vs. SMT.PUSHPMALA RAJE SURVE

JUDGEMENT

(1.) The present civil revision under Section 23-E of M.P. Accommodation Control Act, 1961 has been preferred by the revisionist / tenant against the order dated 7/2/20917 passed by Rent Control Authority; whereby, the application preferred by the respondent/landlord under Section 23-A of the M.P. Accommodation Control Act, 1961 has been allowed and petitioner/revisionist has been directed to be evicted from the suit premises.

(2.) Precisely stated facts of the case are that in one part of the suit premises, particulars of which are referred in revision memo, the present petitioner is living as tenant at the rent of Rs. 1600/- per month. Landlady (present respondent) is widow and aged woman and she wanted to have the suit premises for her personal purpose and therefore, through registered notice dated 26/54/2011,she sought arrears of rent and vacant possession of suit premises, non-compliance of which, prompted her to file the application under Section 23-A of M.P. Accommodation Control Act, 1961 (for short "Act of 1961") alleging that she requires the tenanted premises for her personal use. Her requirement is bona fide and therefore, for the bona fide purpose tenant be evicted from the suit premises.

(3.) Present petitioner opposed the prayer made by the respondent on the ground that he was inductedas tenant at the rent of Rs. 20/- per month by Lal Sahab Surve and not by the tenant of present respondent. He further submitted that respondent has a building constructed over an area ad-measuring 5,000 sq. ft and she has no other family member to live with because her three daughters have already been married and living to different places and therefore,she does not require the suti premises for bona fide purpose. She has sufficient space available. Earlier the petitioner preferred a civil suit against the present respondent for not evicting him except due process of law in which permanent injunction has been granted. He sought rejection of the application.