ARJUN DAS Vs. DADAN BAI

JUDGEMENT

(1.) This is tenant's revision under Sec. 23-B of the M. P. Accommodation Control Act (for short the 'Act') against the order dated 5-10-87 passed by the Rent Controlling Authority, Burhanpur whereby the tenant has been directed to vacate the suit premises in the occasion.

(2.) In short the case is an under Mst. Dadan Bai widow of Bhagchand Sindhi brought an action against the appellant/tenant Arjundas under Sec. 23-B of the Act on the ground inter alia the Shop No. 36 located in Ward No. 2, Burhanpur, District Khondwa belongs to her and she is the landlady. It was let out to Arjun Das on monthly rent of Rs. 200.00. The tenant Arjundas is carrying on his business in the name and style of 'Jai Bharat Confectionary'. The shop in question is required bona fide, as she needs it to start a grocery shop. It is, however, pleaded in para 8 of the application that the land over which the structure is standing belongs to Municipal Corporation, Burhanpur.

(3.) The applicant/tenant applied for leave to defend and permission under Sec. 23-C of the Act was accorded to him. He while denying the averments of the application of the landlady, raised numerous please including that he is not in arrears of rent etc. and prayed for dismissal of the application.