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1989 Supreme(MP) 310

FAIZAN UDDIN, K.M.AGARWAL, G.G.SOHANI
HARBANS SINGH – Appellant
Versus
MARGRAT G. BHINGARDIVE – Respondent


Advocates Appeared:
J.P.SANGHI

FAIZANUDDIN, J.

( 1 ) THIS case, on a reference by a learned single Judge of this Court, was placed before this Full Bench, for consideration and opinion of a question of law as to the ambit and scope of S. 23-J read with S. 23-A of the Madhva Pradesh Accommodation Control Act, 1961 (Act No. 41 of 1961 ).

( 2 ) THE necessary facts giving rise to the legal question are not in serious dispute and lie in a narrow compass. The non-applicant is a co-sharer-owner of the suit premises along with her two major sons, she being the widow of her late husband G. D. Bhingardive who had purchased the same. The non-applicant being a widow initiated proceedings before the Rent Controlling Authority, Jabalpur, by filing an application under S. 23-A (a) of the M. P. Accommodation Control Act, 1961 (for brevity referred to as 'the Act') for eviction of tenant, the applicant herein, from the premises in his occupation originally on the plea that the said premises were required bona fide by her for occupation as residence for her two married sons and their children. The landlady/non-applicant being a widow claimed that she belongs to the special category of landlord defined in S. 23-J (iii) of the Act


















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