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1989 Supreme(MP) 113

S.K.DUBEY, A.G.QURESHI
GOPALDAS – Appellant
Versus
DIST. JUDGE, INDORE – Respondent


Advocates Appeared:
R.G.VAGHAMARE

S. K. DUBEY, J.

( 1 ) THE petitioner-tenant aggrieved of the order (Annexure I) dt. 20-1-89 passed by the District Judge, Indore, on an application under Ss. 24 and 151 of the Code of Civil Procedure, whereby Civil Suit No. 83-A of 1987 was ordered to be transferred from the Court of 7th Civil Judge Class-II, Indore to the Court of the Rent Controlling Authority, Indore (hereinafter referred to as 'the Authority'), has preferred this petition under Arts. 226 and 227 of the Constitution of India.

( 2 ) THE material facts leading to this petition are that respondent No. 3, a widow, filed an application on 24-6-85 before the Authority under S. 23-A (b) of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter referred to as "the Act"), for getting eviction against the petitioner-tenant for the accommodation let for non-residential purpose as the same is required 'bona fide' by respondent No. 3 for the purpose of starting business by herself and her major son. On summons, the petitioner applied under S. 23-C of the Act for obtaining leave to defend, which was granted to the petitioner. The petitioner filed an application challenging the jurisdiction of the Rent Controlling Aut









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