DILIP SINGH MANDLOI Vs. PREMCHAND GENDALAL JAIN

JUDGEMENT

(1.) THIS Miscellaneous Appeal purports to have been filed under Section 32 of the M. P. Accommodation Control Act, 1961 against order dated 21-1-1994 passed by Ist Additional District Judge, Khandwa, in Misc. Civil Appeal No. 14/92 which confirmed the eviction order of the appellant in favour of the respondent from the residential accommodation as was directed by the Rent Controlling Authority, Khandwa, vide order dated 29-5-1992 in case No. 2-A/90 (7) of 1990-91, which was passed under Section 31 of the aforesaid Act.

(2.) THE admitted facts are that the concerned residential accommodation was allotted to the tenant/appellant by authorised officer under Section 39 (2) of the aforesaid Act. The property belongs to the respondent/landlord. The appellant/tenant was Maleria Officer. The allotment was made to him in the year 1983. He was continuing in possession thereafter as tenant and the relationship of landlord and tenant came into existence through intervening allotment by the authorised officer as under Section 39 (2) of the Act. The appellant is still in continuous employment of the State Government.

(3.) THE landlord applied to Rent Controlling Authority under Section 39 (2) of the Act read with Section 42 of the Act for vacant possession of this accommodation vide application filed on 11-12-1990, with allegation that the tenant had acquired his own residential house from Housing Board, Khandwa, under the scheme on 4th February, 1985 i. e. House No. B-77 M. I. G. , Khandwa. The tenant can use that house for his own residence and for his family. It was alleged that the landlord requires the rented accommodation for his own use and occupation and for that of his son and his family, he has no other accommodation fit for occupation of himself for his family and his sons family, that the tenant has let out his own house, acquired from Housing Board, Khandwa, on a rent of Rs. 900/- per month to a tenant namely Kalyanee at a higher rent.