- (1.)Leave granted.
(2.)In this appeal filed by the tenant Govind das Bansal - (legal representative of the original tenant) the judgment rendered by the division bench of the Madhya Pradesh high Court in civil revision no. 814 of 1997 is under challenge. In the said judgment, the High Court set aside the order passed by the rent control authority dismissing the application filed by the present respondent and evicting the tenant from the premises in question. The premises in question are non-residential in character. An order for eviction of the tenant was passed on the ground of bona fide requirement of the landlord and with other consequential directions.
(3.)Brief facts necessary to appreciate the questions raised, may be stated thus: bhogi Ram and Nemi Chand were two brothers and jointly owned the four storeyed building of which the suit presimes (two shop rooms) on the ground floor formed a part. By a registered document executed on 30th June, 1989 Bhogi Ram relinquished his interest in the building in favour of his brother Nemi Chand. Nemi Chand by a registered document executed on 25th February, 1989 (exhibit-P. 4) settled the suit property (ground floor of the building) in favour of his son Raj Kumar who is the respondent herein. Raj Kumar is undisputedly an insane person. Thereafter, Raj Kumar represented by his father and guardian nemi Chand filed a petition under section 23a of the Madhya Pradesh Accommodation control Act, 1961 seeking the eviction of the appellant from the premises on the ground that it is required for starting a business for sale of utensils for benefit of the owner.