The judgment emphasizes the presumption of bonafide requirement under Section 23-D of the M.P. Accommodation Control Act and the landlord's judgment of residential requirement.

As per Hon'ble Shri Fakhruddin, J. :

1. The applicants have filed this revision against the order dated 128-1998 passed by the Rent Controlling Authority, Dhamtari whereby the Rent Controlling Authority has allowed an application filed by the respondent widow under Section 23 of the Accommodation Control 'Act within the specified category on the ground that the accommodation is needed by her for residential purpose. The widow is aged about 80 years.

2. The respondent filed an eviction application under Section 23-A of the M.P. Accommodation Control Act being widow of Lakhanlal Choubey against the tenant Gajanmal. It was contended that the accommodation is required by her as she has no other house at Dhamtari. It was also contended that because of ear disease, she had to come to Dhamtari for treatment and because the tenant was not vacating the house, his son Chandraprakash had to reside in a tenanted house. The application was opposed.

3. During trial, the respondent examined Daud Khan, Dayaram, her son who also holds the power of attorney Santosh Kumar and Chandraprakash. The applicant examined himselfParmanand and Manohar. The Court by the impugned order has found that the applicant is the widow.

4. This Court has also considered the evidence on record and heard the learned counsel for the parties.

5. The plaintiff/landlady's witness Daud Khan has stated that he has seen the suit house. The plaintiff/landlady wants to get the house evicted for residing herself along with sons. At that time she resided in Makaradona. The plaintiffllandlady has some ear disease and for treatment thereof she has to come to Dhamtari. She had no other house at Dhamtari. The house situated at Baniapara is of Bharatlal, brother of Lakhanlal. The another plaintiff/ landlady's witness Dayaram has also stated that the plaintiff/landlady has no other house at Dhamtari and she wants to reside in the suit house. The plaintiff's/landlady's son Santosh Kumar has stated that his mother resides in Makaradona and she is hard of hearing and she has to come, to Dhamtari for treatment.

6. The defendant in his statement has stated that he has no knowledge that the plaintiff/landlady comes to Dhamtari for treatment. The defendant and his witnesses have not been able to demolish the version of landlady/ widow regarding the bonafide requirement and suitability of the accommodation.

7. Counsel for the respondent relied on a decision of the Supreme Court in the case of Dhannalal Vs. Kalawatibai and others wherein it was observed that where widow who belonged to classified category of landlord under Section 23-J along with her two major sons arrayed as co-plaintiffs filed eviction proceedings before the Rent Controlling Authority on the ground of bona fide requirement of major sons who require suit premises for starting their business. Such requirement clearly falling within purview of Section 23-A (b), the proceedings initiated before Rent Controlling Authority is maintainable. Merely because major sons/co-owners do not fall within category of 'landlord' as defined by S. 23-J it cannot be said that special procedure provided by S. 23-A of Act is not available and that eviction proceedings initiated before Rent Controlling Authority suffer from want of jurisdictional error. Counsel submitted that here in this case, the accommodation is most suitable to the respondent. She herself wants to reside in the suit house.

8. So far as the bona fide requirement is concerned, the law is well settled. The respondent has contended that the suit house is required by her as she is required to come to Dhamtari and there is no other alternative accommodation available to her. The trial Court has found that the defendant has failed to demolish these facts. All the plaintiff/landlady's witnesses have denied the version of the defendant's witnesses that the house situated at Baniapara is of plaintiff/landlady. They have stated that the partition of the house has taken place and Bharat, bro