UMA RAO Vs. SUKHNANDAN KUMAR JHA

JUDGEMENT

(1.) On previous occasion also on number of dates nobody appeared on behalf of the applicant therefore, the matter is decided in absence of the applicant or her counsel. The applicant has filed this revision under Section 23-E of the M.P. Accommodation Control Act, 1961 being aggrieved by the order dated 20/11/2012 passed by the Rent Controlling Authority, Omti Jabalpur, in R.C.A. No.53-A 90 (7) 2009.

(2.) The brief facts of the case are that the husband of the applicant has taken the Flat No. D-3, IInd floor, Ankit Apartment South Civil Lines, Jabalpur on rent in the year 1991 at the monthly rent of Rs. 1,500/-. The applicant has been paying rent regularly however, the respondent has not given the rent receipt inspite of repeated request made by applicant. The respondent with ill intention of increasing the rent of the house has pressurised the applicant to evict the said house. On 30/09/2009 the respondent along with anti-social elements have came to the house of the applicant and threatened the applicant of throwing her articles out of the house. Against the said incident the applicant has already lodged an FIR before the Police Station, Civil Lines, Jabalpur. The applicant has also filed a civil suit seeking the decree for permanent injunction for restraining the respondent from evicting the said rented house. The said civil suit was decreed vide judgment dated 21/02/2012 .

(3.) In the meanwhile, the respondent has filed an application before the Rent Controlling Authority, Jabalpur under Section 23-A of the M.P. Accommodation Control Act, 1961. The Rent Controlling Authority after recording the evidence has passed by the impugned order, being aggrieved by that order the applicant has filed the present revision.