Decided on August 31,2005

Jot Kunwar Bai Appellant
Ramhauram Sahu Respondents


SUNIL KUMAR SINHA, J. - (1.) HEARD Shri Anoop Majumdar, counsel for the petitioner.
(2.) THIS revision has been filed under section 23-E of the M.P. Accommodation Control Act, 1961 against the impugned order dated 21-8-2000 passed by the Rent Controlling Authority, Rajnandgaon in Case No.5- A/90 year 1999-2000. The facts of the case are that the petitioner who is shown to be the widow of late Samaru Lal Sahu, aged about 70 years, filed an application for eviction before the Rent Controlling Authority u/s 23-A of the M.R Accommodation Control Act, 1961 (for short 'the Act') pleading all the ingredients which are required under the law to be pleaded in an application for eviction u/s 23-A of the aforesaid Act. The Copy of the application is filed before this Court as Annexure A-2
(3.) THE Rent Controlling Authority took cognizance in the matter and issued a notice to the respondent on which the respondent also caused his appearance before the said Authority. It appears that the respondent had filed his written statement and alongwith the written statement, he also filed a preliminary objection dated 16-5-2000, a copy of which has been filed as Annexure A-4. In this preliminary objection, the respondent has raised this ground that in fact, the petitioner is not the landlady of the rented premises, therefore, she is not entitled to prosecute the proceedings for eviction and this point regarding the status of the petitioner should be decided first and the proceedings should not be prosecuted before deciding this point.;

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