Decided on June 28,2005

Nikilesh Benerjee Appellant
Nishithkant Choudhary Respondents


V.K.SHRIVASTAVA,J. - (1.) This is a revision filed under Section 23E of the Chhattisgarh Accommodation Control Act, 1961 (for short, "the Act") against order dated 31-07-2004 passed by the Rent Controlling Authority (for short, "the Authority"), Durg (CG), in Case No. 07/A-90/2003-2004, whereby the application of Respondent-Nishithkant Choudhary for recovery of possession of the suit house has been allowed.
(2.) Respondent-Nishithkant Choudhary filed an application under Section 23A of the Act for an order directing the tenant to put the land lord in possession of the suit accommodation stating that he was retired from Government service on 31-10-2003 and after his retirement he requires the suit house for his residential purpose as no other suitable residential accommodation is available in Durg city. The learned Authority issued notice to the Petitioner (tenant), who after service of notice appeared before the Authority, Durg on 27-03-2004 and filed an application under Order 11, Rule 4 of the Code of Civil Procedure (for short, "the Code") along with an affidavit.
(3.) Petitioner in para 2 of the affidavit stated that the application filed by the Respondent is false and against law, therefore, he seeks permission to contest the case. Respondent replied the said application and affidavit stating that the provisions of Order 11, Rule 4 of the Code are not applicable and the affidavit is not an application for permission to contest the case.;

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