SHAKUNTALA BAI SANGEWAR Vs. GOPI CHAND GUPTA

JUDGEMENT

(1.) THIS revision is directed against the order dated 22-5-1998, passed by the Rent Controlling Authority, in Case No. 17/90 (8) 89-90, whereby the applicants' application under Section 144, Civil Procedure Code was rejected by the Rent Controlling Authority.

(2.) THE facts of the case lie in a narrow campass. The non-applicant filed an application under Section 23-A (b) of the M. P. Accommodation Control Act, 1961 (henceforth 'the Act') on the ground of bona fide requirement in respect of a shop, bearing House No. 274/1, situate at Baijnath Para, Raipur. The applicants predecessor-in-title was carrying on the business of tailoring in the aforesaid shop. On 19-7-1991, the Rent Controlling Authority passed an ex parte order against the tenant and directed him to deliver possession of the suit premises. Consequently, late Ramkrishna Rao, the predecessor-in-title of the applicants, was dispossessed.

(3.) AFTER execution of the ex parte order passed by the Rent Controlling Authority, Ramkrishna Rao filed an application on 14-6-1991 for setting aside the ex parte order under Order 9, Rule 13, Civil Procedure Code. The application was accompanied by an application under Section 5 of the Limitation Act. Initially, the Rent Controlling Authority dismissed the application under Order 9, Rule 13, Civil Procedure Code on 28-10-1992. Ramkrishna Rao, thereupon, filed Civil Revision No. 575/92 against the order of the Rent Controlling Authority dated 28-10-1992. During the pendency of this revision, Ramkrishna Rao died and the applicants were substituted in his place. This court by order dated 15-11-1995 set aside the order passed by the Rent Controlling Authority and remitted the case for fresh decision in accordance with law.