MAHENDRAKUMAR GANPATJI PAGARE Vs. ANAND RAMCHANDRA CHANDORKAR

JUDGEMENT

(1.) THE petitioner-landlord has filed this revision under Section 23-E of the M. P. Accommodation Control Act, 1961 (for short the Act), against the order dated 4-8-1987 of the Rent Controlling Authority, Indore (for short the authority) in case No. 90/7/19/85-86.

(2.) BRIEF facts leading to this petition are that the petitioner being a retired government servant filed an application under Section 23-A (a) of the Act claiming eviction of the respondent-tenant from the accommodation let for residential purpose on the ground that the same is required bona fide for occupation as residence for himself and for the members of his family. It was also pleaded that one portion of the said house is inadequate and insufficient and there is no other reasonably suitable residential accommodation of his own in his occupation in the city of Indore.

(3.) THE respondent filed the written statement and contended that the petitioner is not entitled to invoke the special provisions of eviction of tenants on the ground of bona fide requirement as contained in Chapter III-A of the Act. Though the petitioner is a retired Government servant and falls within the definition of landlord under section 23-J of the Act, which specifies the special categories of landlords who are entitled to invoke the special provisions, but the petitioner having already in his occupation a portion of the house in which he is residing with his family members, therefore even if the petitioner is a retiree government servant, he cannot invoke the special provisions in relation to eviction of tenants on ground of bona fide requirement.