RANJIT NARAYAN HAKSAR Vs. SURENDRA VERMA

JUDGEMENT

(1.) UNSUCCESSFUL applicant, a landlord has directed this Revision under Section 23-E of the M. P. Accommodation Control Act 1961 (for short 'the Act') against the order dated 15-11-96 passed by the Rent Controlling Authority, Indore in Case No. A-90/7/52/86-87 thereby rejecting the application filed by the applicant against the respondent for his eviction from the suit accommodation on the ground of requirement of the said accommodation for establishing the office of his major son, an Advocate.

(2.) THIS is one more lis between landlord and tenant in which the landlord is contesting his claim for eviction against the tenant since 1985. Period of this enormity is prone to cause frustration in the minds of both the sides. After all, how long legal battle should continue ? Legal justice should not be allowed to become a teasing illusion or promise of unreality. When litigation goes on and on, it is time that litigants learnt three percepts; "to live honorably, not to injure another, to render each his due". The object of law is to render each his due and to establish harmony, not antimony, with justice. Extracted from 1997 (2) JLJ-193 Badarilal v. Chandraprakash and Ors.

(3.) BRIEFLY stated the facts of the case are that the applicant is the owner of a double storied house situated at 1/2, Parsi Mohalla, Indore. The applicant is a retired servant of M. P. State Road Transport Corporation. On the ground floor of this house there are six shops and a garrage. First floor of the house is entirely residential and is used for the residence of the family members of the applicant. Out of the six shops located on the ground floor of the said house, one shop consisting of two rooms was given in possession to the opponent's father Melaram on a monthly rent of Rs. 78/- in the year 1954. The said Melaram died in the year 1976 leaving behind opponent, the elder son, three daughters, widow and a younger son as his heirs. After the death of Melaram, the suit shop is in occupation of the heirs of the deceased tenant Melaram and doing their family business through the non-applicant who is the 'karta' of the said family.