JAIN TRANSPORT CO Vs. SAKINABAI

JUDGEMENT

(1.) This revision petition by the tenant is directed against the order dated 24-3-1987 passed by the Rent Controlling Authority, Ujjain (for short 'the Authority') whereby in proceedings under Section 23-A of the M.P. Accommodation Control Act, 1961 (for short 'the Act') it has been directed that the burden of proof being on him, he has to lead evidence first.

(2.) Circumstances giving rise to this revision petition are these. The non-applicant filed an application under S.23-A of the Act against the petitioner for the latter's eviction. During inquiry, when one of the witnesses for the non-applicant had already been examined it was contended on behalf of the non-applicant that in view of the presumption under Section 23-D(3) of the Act the burden of proof being on the petitioner it should be required to produce its evidence first. On behalf of the petitioner it was contended that the N. A. must first complete her evidence. The learned Authority, in the light of the presumption under Section 23-D(3) of the Act, passed the impugned order.

(3.) The point for consideration is whether the revision petition deserves to be allowed.