KISHOREKUMAR Vs. MANIBAI

JUDGEMENT

(1.) This revision petition by the tenant under S.23E of the M.P. Accommodation Control Act, 1961 (for short 'the Act') is directed against the order dated, 14-9-87 passed by the Rent Controlling Authority, Indore (for short 'the Authority') in Rent Case No. 536/84 whereby rejecting the petitioner's application under O.7, R.11, C.P.C., 1908 (for short 'the Code') it has been held that the application under S.23A(b) of the Act for his eviction is maintainable before it.

(2.) Circumstances giving rise to the revision petition are these. The non-applicant Mst. Manibai as the sole 'landlord' filed the aforesaid application under S.23A(b) of the Act before the Authority for petitioner's eviction on the ground that the non-residential accommodation in question is required bona fide by her for the business of her major son Satyawan.

(3.) During the pendency of the application for eviction, the petitioner filed the aforesaid application under O.7, R.11(d) of the Code urging that in view of the decision in Sushila Devi's case, 1987 Jab LJ 450the application for eviction for the purpose of son's business was not maintainable. Relying on the decision in Smt. Jain v. Krishna Mohan, AIR 1987 SC 222, it was urged that as the N.A. has alternative accommodation the urgency provision in S.23A of the Act could not be availed of.