RAJESH PANDEY ALIAS MANISH PANDEY Vs. GEETA DEVI PODDAR
LAWS(MPH)-2015-7-197
HIGH COURT OF MADHYA PRADESH
Decided on July 29,2015

Rajesh Pandey Alias Manish Pandey Appellant
VERSUS
Geeta Devi Poddar Respondents

JUDGEMENT

- (1.) The petitioner has filed this revision petition against the order dated 09.03.2015 (Annexure-A-11) passed by the Rent Controlling Authority in Case No.08/A-90/2012.
(2.) The respondent filed a suit for eviction under Section 23-J of M.P. Accommodation Control Act 1961 (hereinafter in short 'the Act 1961'). She pleaded that she is aged about 88 years. Her husband was died on 06.07.2007 and she belongs to special category of landlord as defined under Section 23-J of the Act 1961 hence, she is entitled to file the suit for eviction before the Authority.
(3.) The suit accommodation was rented out initially at the rate of Rs.20/- per month. Subsequently, rent of the accommodation was enhanced at the rate of Rs.75/- and Rs.500/- per month respectively. The suit accommodation was rented out for residential purpose, however, the petitioner had changed the purpose and also constructed two shops and has been doing business in the aforesaid shops. The respondent has been suffering from the diecease of paralysis and she has been residing in the second floor along with his son in her house No. 888, in front of Police Station Kotwali, Ghamandi Chowk, Jabalpur. It is not possible for her to climb the stairs. She received right of ownership of the house in a partition which was made between the parties on 29.03.2011. Earlier an agreement was executed with one Builder to sell the property, however, the agreement was subsequently cancelled. The respondent pleaded that the suit accommodation is required her for bonafide need.;


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