J.S.VERMA, K.K.ADHIKARI
B. JOHNSON – Appellant
Versus
C. S. NAIDU – Respondent
( 1 ) THE main question for decision in this case is the constitutional validity of the amendments made in the M. P. Accommodation Control Act, 1961, by the two amending Acts, namely, M. P. Accommodation Control (Amendment) Act, 1983 (M. P. Act No. 27 of 1983) and the M. P. Accommodation Control (Amendment) Act, 1985, (M. P. Act No. 7 of 1985 ). The M. P. Act No. 7 of 1985 replaces the M. P. Accommodation Control (Amendment) Ordinance, 1985 (No. 1 of 1985) and therefore, reference to the Ordinance is now not necessary.
( 2 ) THE petitioner is a tenant of the respondent and proceeding was commenced by the respondent for eviction of the petitioner before the Rent Controlling Authority on the ground of respondent's bona fide need, which is governed by section 23 - A of the amended Act. The petitioner filed an application under section 113, C. P. C. before the Rent Controlling Authority for a reference to be made to this Court for deciding the constitutional validity of the amended provisions, but the same having been rejected, this petition under Article 228 of the Constitution has been filed for the same purpose. This is how the question of vires of the aforesaid Amen
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