MOHAMMAD ISMIL Vs. MEHMOODA KHANAM

JUDGEMENT

(1.) THIS is a revision under Section 23-E of the M. P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act) against the order dated 29-9-1997 in case No. A-90 (7)430/89 of the Rent Controlling Authority, Indore, directing the non-applicant to put the applicant in possession of the suit accommodation.

(2.) MEHMOODA Khanam is a widow. She is covered by the definition of landlord given in Section 23-J of the Act. The petitioner is tenant in a portion of the house No. 50, Nayapura, Indore. It had been let out to him by the applicant's father-in- law Mohammed Bashir in the year 1952. After his death he left behind three sons. One of them was Abdul Aziz. He was husband of the applicant. He has also died. His two brothers are alive.

(3.) THE applicant submitted an application under Section 23-A of the Act before the Rent Controlling Authority. That is a special provision for eviction of tenant on the ground of bonafide requirement. According to the applicant the suit accommodation is required by her bonafide for occupation as residence for herself and for her family members. She has two sons and two daughters. She has no other house at Indore. Her one son is employed in defence services and he is posted at New Delhi. She is at the moment living with him in a Government quarter. This house has been gifted to her by the two brothers of her husband. She is in occupation of one room of this house in which the moveables belonging to her mother-in-law are kept.