RAMCHANDRA SINGH JADON Vs. SATYA PRAKASH GUPTA

JUDGEMENT

(1.) THIS is a revision preferred under section 23-E of M. P. Accommodation Control Act, 1961 as amended by Act No. 27/83 by the landlord aggrieved by an order of the Rent Controlling Authority, Gwalior dismissing his application for ejectment of the tenant/non-petitioner under section 23-A (b) of the Act.

(2.) IT is not disputed that the suit accommodation is non-residential. It is held by the defendant/non-petitioner tenant of the plaintiff/petitioner. The plaintiff was in Government Service wherefrom he has retired. He has an unmarried daughter by name Mangala, of about 25 years of age.

(3.) THE case of the petitioner has been that the daughter does not any longer wish to marry and the plaintiff and his daughter Mangala, both being unemployed for the present, propose to start their own business of stationery and books in the suit accommodation for which purpose they do not have any other accommodation of their own available within the Corporation limits of Gwalior. The defendant/non-petitioner having been allowed leave to defend contested the suit by denying the necessity pleaded by the plaintiff/petitioner. It was also submitted that an earlier suit filed by the plaintiff/petitioner before Civil Court seeking relief of ejectment on an identical ground was withdrawn without permission of the Court under section 12 of the M. P. Accommodation Control Amendment Act, 1983 and hence the present proceedings before the Rent Controlling Authority were barred.