ABBUBAKAR PATEL Vs. SMT. KANCHAN DAGA

JUDGEMENT

(1.) learned Senior Counsel with Shri Manikant Sharma, learned counsel for the petitioner. Shri Rohan Harne, learned counsel for the respondents. This revision petition under Section 115 of the Code of Civil Procedure, 1908, is directed against the order dated 30.07.2012 passed by the Rent Control Authority, ordering eviction of the applicant from the suit premises in exercise of its powers under Section 23 J; special provisions for classified landlords under Chapter III-A of the Madhya Pradesh Accommodation Control Act, 1961.

(2.) The contentions advanced on behalf of the applicant revolve around serious procedural irregularities in the matter of inquiry and order in the context of provisions contained under Section 23-C and 23-D of the Act of 1961. Facts relevant and necessary for disposal of this civil revision petition in nutshell are as follows-

(3.) That on 17.07.2012 an application under Section 23 (A) of the Act of 1961 was filed before the Rent Controlling Authority seeking eviction on the ground of bonafide need by the applicant; a widow. On 24.07.2012, the applicant and the non-applicant appeared. The Court observed that reply has not been filed and posted the case for final arguments on 30.07.2012. On the side line it is indicated in the certified copy of the order sheets that documents annexed with the application were supplied by the petitioner. On 30.07.2012 case was fixed for 31.07.2012 for disposal of the application under Section 23-C . On 31.07.2012, the petitioner filed an application supported by an affidavit for leave to defend disputing and denying the averments in the application seeking eviction on bonafide needs.