LAXMI DEVI SHRIVASTAVA Vs. ANIL KUMAR ZUTSI

JUDGEMENT

(1.) THIS petition in revision has been moved by the petitioner against the order dated 4-9-1998 passed by Shri R. P. Sudele, Rent Controlling Authority, Gwalior.

(2.) IT raises a short question. It appears that respondent No. 1 Anil Kumar Zutsi filed a petition for eviction of the petitioner and respondents 2 to 4 with the allegation that a part of the house No. 916 situate at Morar, Gwalior, was in the tenancy of the defendants i. e. the husband of defendant No. 1 and father of defendants 2 to 3. After his death, the defendants became the tenants. There was a mutual family partition, under which the portion with tenancy of defendants and the portion over it went to the original petitioner, i. e. respondent No. 1. Respondent No. 1 claimed that he was in service in Air Force and was posted at Pune. He was to retire in November 1997 and after his retirement, his family was to settle in the said house which is in the occupation of the defendants. He required the accommodation bona fide and as such, the petition was moved before the Rent Controlling Authority.

(3.) AN application purporting to be under Section 23-J of Madhya Pradesh Accommodation Control Act, 1961 read with Section 151 of Civil Procedure Code was moved by respondents. It was alleged therein that under the provisions of Section 23 of the said Act, the R. C. A. had jurisdiction to pass an order, but eviction can be sought by the petitioner, if he was a retired Government servant on the date of the application. The petitioner's petition was not maintainable as the petitioner was not a retired Government servant on the date when the petition was moved. The RCA had, therefore, no jurisdiction to entertain the petition. This application was opposed. After considering the arguments submitted by the parties that the application was not maintainable and the authority had no jurisdiction, the R. C. A. rejected the application, hence this revision petition.