PRAFFUL KUMAR JAIN Vs. SUSHILA DEVI

JUDGEMENT

(1.) This Civil Revision under Sec. 23-E of the M.P. Accommodation Control Act has been filed against the order dtd. 23/07/2021 passed by the Rent Controlling Authority, Guna (M.P.) in Case No.2A-90/2016-17, whereby the eviction application filed by the respondent (applicant) has been allowed and the petitioner (non- applicant) has been directed to hand over the possession of rented shop to the respondent/applicant.

(2.) The brief facts leading to this petition are that the respondent/applicant filed an application under Sec. 23-A(b) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as "Act") before the Rent Controlling Authority, Guna (M.P.) seeking eviction of the shop described in Para No.1 of the application which was let out to the non-applicant by rent note dtd. 07/02/1986 for her bonafide requirement to start business of ladies garments. Non- applicant in his reply denied the landlord tenant relationship between the parties and pleaded that the applicant is not landlord of the shop.

(3.) Pushpendra Kumar Jain son of the applicant is landlord who executed the rent note and received the rent regularly. The applicant is an old lady who is not capable of doing any business. Her requirement is not bonafide. Otherwise also, two shops adjacent to the disputed shop are lying vacant which are equally suitable for the proposed business. After recording of the evidence of both the sides learned Rent Controlling Authority allowed the application and passed the impugned order. Being aggrieved the same, this petition has been filed by the non-applicant/tenant.