Arun Kumar, J. - (1.) This appeal is directed against the judgment dated 28th November, 2003 of the Madhya Pradesh High Court whereby a Civil Revision filed by the respondent-landlord against the judgment of the Rent Control Authority, Indore was allowed. The Rent Control Authority, Indore had dismissed the landlords petition for eviction filed under Section 23- A of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act). The tenant has filed the present appeal against the judgment of the High Court.
(2.) Briefly the facts are : the respondent claiming to be owner of the suit premises sought eviction of the appellant-tenant therefrom, on the ground of his personal bona fide need. The suit premises comprises of a shop of the size of 20.8 feet x 10.5 feet besides a small ante-room. The rent of the premises is Rs. 500/- per month. The appellant is a medical practitioner and is carrying on his practice in the suit premises. The respondent sought eviction of the appellant on the ground that he required the premises to start his own business of selling books and stationery. It was pleaded that the landlord did not own any other premises suitable for business purposes. The eviction petition was filed under the summary procedure contained in Chapter IIIA of the Act. The respondent-landlord claims to be a retired Government servant in order to bring himself within the definition of landlord contained in Section 23-J of the Act. The landlords falling within the meaning of landlord in Section 23-J are entitled to avail of the summary procedure for eviction of tenants. The summary procedure is contained in Chapter IIIA of the Act which was introduced by way of amendment in 1983 to enable certain categories of landlords to have eviction proceedings disposed of expeditiously. The relevant provisions of Chapter IIIA are reproduced as under : "Section 23-A. Special Provision for eviction of tenant on the ground of bona fide requirement.- Notwithstanding anything contained in any other law for the time being in force or contract to the contrary, a landlord may submit an application, signed and verified in a manner provided in Rules 14 and 15 of Order VI of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) as if it were a plaint to the Rent Controlling Authority on one or more of the following grounds for an order directing the tenant to put the landlord in possession of the accommodation, namely:- (a) ********** (b) that the accommodation let for non-residential purposes is required bona fide by the landlord for the purposes of continuing or starting his business or that of any of his major sons or unmarried daughters, if he is the owner thereof or for any persons for whose benefit the accommodation is held and that the landlord or such persons has no other reasonably suitable non-residential accommodation of his own in his occupation in the city or town concerned. Provided that ....." Section 23-C. Tenant not entitled to contest except under certain circumstances.- (1) The tenant on whom the summons is served in the form specified in the Second Schedule shall not contest the prayer for eviction from the accommodation unless he files within fifteen days from the date of service of the summons, an application supported by an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Rent Controlling Authority as hereinafter provided, and in default of his appearance in pursuance of the summons or in default of his obtaining such leave, or if such leave is refused, the statement made by the landlord in the application for eviction shall be deemed to be admitted by the tenant. The Rent Controlling Authority shall in such a case pass an order of eviction of the tenant from the accommodation : Provided that the Rent Controlling Authority may, for sufficient cause shown by the tenant, excuse the delay of the tenant in entering appearance or in applying for leave to defend the application for eviction and where ex parte order has been passed, may set it aside. (2) The Rent Controlling Authority shall, within one month of the date of receipt of application, give to the tenant if necessary, leave to contest the application, if the application supported by an affidavit filed by the tenant discloses such facts as would disentitle the landlord from obtaining an order for the recovery of possession of the accommodation on the ground specified in Section 23-A. Section 23-D. Procedure to be followed by Rent Controlling Authority for grant of leave to tenant to contest.- (1) Where leave is granted to the tenant to contest the application, the Rent Controlling Authority shall commence the hearing of the application as early as practicable and decide the same, as far as may be, within six months of the order of granting of leave to the tenant to contest application. (2) The Rent Controlling Authority shall, while holding an enquiry in a proceeding to which this Chapter applies, follow as far as practicable, the practice and procedure of a Court of Small Causes including the recording of evidence under the Provincial Small Cause Courts Act, 1887 (IX of 1887). The Rent Controlling Authority shall as far as possible, proceed with the hearing of the application from day to day. (3) In respect of an application by a landlord it shall be presumed, unless the contrary is proved, the requirement by the landlord with reference to clause (a) or clause (b), as the case may be of Section 23-A is bona fide. "Section 23-J. Definition of landlord for the purposes of Chapter III-A.- For the purpose of this Chapter landlord means a landlord who is- (i) a retired servant of any Government including a retired member of Defence Services; or (ii) a retired servant of a company owned or controlled either by the Central or State Government; or (iii) a widow or a divorced wife; or (iv) physically handicapped persons; or (v) a servant of any Government including a member of defence services who, according to his service conditions, is not entitled to Government accommodation on his posting to a place where he owns a house or is entitled to such accommodation only on payment of a penal rent on his posting to such a place."
(3.) It is the case of the respondent that he retired as Principal of a private Government aided school on 30th November, 1994. According to him, he was earlier a Government servant and a few years before his retirement he was sent on deputation to the private Government aided school as Principal. As such he continued to be a Government servant till the date of his retirement. The suit property is said to have been purchased by the respondent from one Babulal Baheti vide a Sale Deed dated 7th December, 1999. The eviction petition was instituted on 24th May, 2001. Before instituting the eviction petition the respondent had issued a notice dated 1st February, 2001 calling upon the tenant to vacate the premises.;