SHANKAR BHOSLE Vs. DAMJI PAWAR
LAWS(MPH)-2021-3-68
HIGH COURT OF MADHYA PRADESH
Decided on March 02,2021

Shankar Bhosle Appellant
VERSUS
Damji Pawar Respondents

JUDGEMENT

ANJULI PALO,J. - (1.) This revision is preferred against the order dated 03.07.2020 passed in Case No.0002A/90(7)/ 2019-20 by the Sub-Divisional Officer (Revenue) Betul whereby the application preferred by the respondent under Section 23 E has been allowed and the applicant herein Shankar Bhosle has been directed to pay rent of the suit accommodation for a period of 36 months i.e. Rs.43,200/- and he shall also handover the vacant possession of the suit accommodation to the respondent Damji Pawar.
(2.) Previously, the respondent had filed an application under Section 23 of the M.P. Accommodation Control Act, which was dismissed, thereafter again he filed an application under Section 23 A of the M.P. Accommodation Control Act claiming that he is the owner of the land bearing Khasra No. 287/2 area 0.66 hectare in which the present appellant is still residing as his tenant since long from the time of his father. In october, 1973, the father of the present appellant had taken the house on rent at the rate of Rs. 10/- per month. Time to time rent was increased upto Rs. 1200/- per month. In the year 1984, the father of the respondent died still father of the present appellant paid monthly rent to the respondent. Till, April, 2017, the appellant paid monthly rent at the rate of Rs. 1200/- per month to the respondent. The suit house was required for bonafide need because in his family, there are so many members. The respondent is an old aged person suffering from various diseases. The suit house is suitable for him. Thus prayer is made for eviction of the appellant from the house and also for arrears of rent from April, 2017.
(3.) In the subsequent case, the right of the appellant to defend the case has been closed by the trial Court. By the impugned order, the trial Court passed the decree for eviction of the appellant and directed to pay arrears of rent Rs.43,200/- to the respondent.;


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