PATIRAM SHARMA Vs. SATISH CHANDRA MANGAL

JUDGEMENT

(1.) Revisional powers of this Court u/S.23-E of M.P. Accommodation Control Act 1961 (for brevity 'the 1961 Act') are invoked to assail the final order of the Rent Controlling Authority dated 26/04/2019 passed in Case No.01/2015x16x90/7 allowing an application preferred by the respondent/landlord u/S.23-A of the 1961 Act on the ground of landlord being retired servant of a Company (NTPC) owned and controlled by Central Government seeking eviction on the ground of bonafide need to run business in respect of shop admeasuring 8 ft. X 29 ft. situated on the ground floor occupied by petitioner as tenant since 01/08/1984 on rent @ Rs.300/- p.m. subsequently enhanced to Rs.400/- p.m.

(2.) Learned counsel for rival parties are heard. CONTENTION OF PETITIONER

(3.) Learned senior Advocate along with Shri Sanjeev Jain, Advocate in support of challenge to the impugned order submits that the respondent despite having failed to prove the foundational pre-requisites for entitling, an order u/S.23-A of the 1961 Act i.e. landlord is the owner of the accommodation and the landlord being a retired servant of a Company (NTPC) owned and controlled by Central Government, the RCA has exceeded its jurisdiction by directing eviction of petitioner tenant.