SUSHEELA SINDHIYA Vs. RAJESH KUMAR

JUDGEMENT

(1.) This review application has been filed seeking review of the order dated 8.2.2013 passed in Civil Revision No. 340/ 2010.

(2.) It is contended that this Court, while considering the revision filed by the applicant-specified landlady, has wrongly considered the provisions of Sec. 23-D of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act') and has overlooked the mandatory provisions of Sec. 23-C of the Act aforesaid. Since the non-applicant has not obtained the leave to defend from the Rent Controlling Authority (hereinafter referred to as 'the RCA'), there was no question of directing the RCA to decide the application of the applicant in terms of the provisions of Sec. 23-D of the Act. Furthermore, no opportunity was to be granted to the non-applicant tenant to make an application for grant of leave to contest the claim of eviction made by the applicant before the RCA. It is thus contended that the order passed by this Court is liable to be reviewed as prior apparent on the face of record is committed by the Court.

(3.) It is contended by the learned counsel appearing for the non-applicant that the application seeking leave to defend was submitted by the non-applicant only when the application and relevant documents submitted by the applicant before the RCA were made available to the non-applicant. Before supply of such documents, it was not possible for the non-applicant to know what was the grounds of eviction raised by the applicant and, therefore, appropriate application for grant of leave to defend could not be filed. These were the reasons assigned in the application so submitted by the non-applicant and, therefore, it was necessary on the part of the RCA to decide such an application of the non-applicant. In stead the said application was not considered in appropriate manner and an order was passed on the application of the applicant herein. All these facts are taken note of by this Court while passing the order in the revision and therefore, the order need not be reviewed.