INDUSINGH Vs. LEELAWATI

JUDGEMENT

(1.) THIS revision petition under Section 23-E of the M. P. Accommodation Control Act, 1961 (for short 'the Act') is directed against the order dated 28-11-1987 passed by the learned Rent Controlling Authority, Indore, negativing the petitioner's contention that the non-applicants' application under Section 23-A of the Act is premature.

(2.) ACCORDING to the petitioner, the non-applicants became landlords of the tenanted premises on 10-12-1985 on the death of Narendarsingh and their application under Section 23-A, Chapter III-A of the Act for his eviction filed on 26-11-1986 not being after a lapse of one year as contemplated by the proviso to sub-section 23-A. of the Act, is premature.

(3.) IT is no doubt true that in a sense on the death of the holder of property his interests therein, by devolution, stand transferred to his heir or heirs as the case may be, but the point for consideration is whether such transfer by law and not by act of any party is within the coverage of the proviso.