DEVSHARAN Vs. MANSINGH

JUDGEMENT

(1.) THIS Revision Petition is directed against the order of eviction dated 17.12.1987, passed by the Rent Controlling Authority, Jabalpur, in eviction case No. 15 of 86-87.

(2.) THE facts of the case are that the non-applicant (herein), filed an application under Section 23-A of the M.P. Accommodation Control Act, 1961 on 15.1.1986 (wrongly mentioned in the order Rent Controlling Authority that the application was filed on 8.1.1986) for the ejectment of the applicant No. 1 (herein) stating therein that the non-applicant (herein) is a retired Government servant residing in the house No. 1920, Ranjhi, Dasti, Jabalpur. The accommodation being non-residential in Charaitu, is being used as Tailoring shop by the applicant No. 1 (herein) at the rate of Rs. 150/- per month rent. He alleged that he wants to start his own business of General Stores and Electric Goods in the said shop. It was also stated that the non-applicant (herein) is not possessed of any accommodation of his own in Jabalpur.

(3.) THE defence of the applicant No. 2 (herein) is that the applicant No. 1 (herein) is not the tenant. It is she who is his tenant and is running a tailoring shop. The rent of the suit premises is Rs. 100/- per month. She had invested about Rs. 10,000/- in decorating the shop, on the assurance of the non-applicant (herein) that he shall never get the shop vacated from her. The non-applicant (herein) has several shops of his own in Ranjhi, Jabalpur, where he can carry on the business as alleged. In fact he does not want to carry on any business but he merely wants enhanced rate of rent. He got a house in occupation of Pancham vacated in the month of March, 1987, and he in possession of the shop, but he is not carrying on any business therein which shows the lame excuse of the non-applicant. A prayer was made that the suit be dismissed with costs.