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1989 Supreme(MP) 23

S.K.DUBEY
LAXMINARAYAN S. SHARMA – Appellant
Versus
RAMESHWAR R. KHANDELWAL – Respondent


Advocates Appeared:
P.K.SHARMA, R.S.Sikhwal

S. K. DUBEY, J.

( 1 ) THE petitioner-tenant, aggrieved of the order of eviction passed under S. 23a of the M. P. Accommodation Control Act, 1961, for short "the Act, in case No. 6/84-85a 90 (7) on 9-5-85 by the Rent Controlling Authority, Mandsaur, has come up in revision under S. 23e of the Act.

( 2 ) BRIEF facts leading to this revision are that the respondent invoked the special provisions as contained in Chapter IIIA of the Act and filed an application under S. 23a (a) of the Act, for seeking eviction of the petitioner from the accommodation let to the petitioner. Summons was issued and served on the petitioner on 5-2-85 but the summons so issued did not accompany a copy of the plaint filed by the respondent. The petitioner appeared on the date fixed and brought this fact to the notice of the Rent Controlling Authority stating that he is not in a position to apply for obtaining leave, as required under S. 23c of the Act in the absence of the copy of the plaint as the petitioner cannot make an application as to on what grounds the petitioner obtains leave The Rent Controlling Authority ordered the respondent to supply a copy of the plaint to the petitioner. After the supply of th








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