RADHABAI Vs. ARJUNDAS

JUDGEMENT

(1.) This revision petition u/s.23-E of the M.P. Accommodation Control Act, 1961 (for short 'the Act') is directed against the order dated 14-7-87 passed by the Rent Controlling Authority, Indore (for short Art 'the authority').

(2.) Circumstances giving rise to this petition are these. Smt. Radhabai, the petitioner on 15-1-86 filed an application u/s.23-A of the Act against the non-applicant before the authority for his eviction from the accommodation situate at Indore. She had let out the same to him after her widowhood.

(3.) By the impugned order the learned Authority has held that the application has to be transferred to the Civil Court of competent jurisdiction on the ground that the petitioner is not included in the category of the 'landlord' contemplated in S.23-J of the Act as the accommodation had been let out to the non-applicant after she had become a widow. Reliance for this view was placed on the decision in Badri Prasad's case (1987 MPRCJ 66) which relates to a retired Govt. servant.