RATNAPRABHA NAZAN Vs. KALYANSINGH

JUDGEMENT

(1.) This revision petition has been filed under section 23 -E of the M.P. Accommodation Control Act, 1961 ("Act" hereafter) challenging the order dated 10.2.2005 passed by the Rent Controlling Authority, Indore rejecting the petitioner's application for eviction under section 23 -A of the Act.

(2.) THE brief facts of the case are that the applicant who is co -owner of House No.105, Tilak Nagar Extension, Indore had filed the application for eviction under section 23 -A of the Act on the ground that she being a widow is covered under the special category of landlord and is in bona fide need of the suit premises for her own residence. In the eviction application she disclosed that she is owner of the suit premises having 1/5th share. The respondent by filing the reply to the application had opposed the eviction application and the learned Rent Controlling Authority -by the order dated 10.2.2005 rejected the application by holding that the applicant is not covered under the special category of landlord; the bona fide need is not proved; she had alternate accommodation available; and without imp -leading the other co -owners application for eviction could not have been filed.

(3.) THE respondent -tenant was served notice in the, present revision petition but he did not appear in the matter. He was also issued SPC intimating him about the date of hearing of revision petition but he has chosen not to appear in the case. Therefore, this Court vide order dated 4.8.2009 appointed Shri Y.K. Jain, Advocate as Amicus Curie to assist the Court on behalf of the respondent.