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1989 Supreme(MP) 366

S.K.DUBEY
SOBHAGYAMAL – Appellant
Versus
PRAKASH PHARMACEUTICALS, INDORE – Respondent


Advocates Appeared:
M.DALAL, M.Sanyal

S. K. DUBEY, J.

( 1 ) THIS revision under S. 23-E of the M. P. Accommodation Control Act, 1961 (for short, the 'act') has been preferred by the landlord/ petitioner, aggrieved of the order dated 26-8-1987, passed in Case No. 90 (7) 110/ 85-86 by the Rent Controlling Authority, Indore (for short, the 'rent Controller'), whereby the application under S. 23-A (b) of the Act for eviction of the tenant/ respondent from the non-residential accommodation, has been dismissed.

( 2 ) THE circumstances giving rise to this revision are: The petitioner/ landlord filed an application under S. 23-A (b) of the Act for invoking the special jurisdiction conferred on the Rent Controller under Chapter III-A on the ground that the petitioner is a retired servant of the Life Insurance Corporation of India (for short, the 'corporation') who falls within the definition of landlord for the purposes of Chapter III-A, as specified in S. 23-J of the Act. After service of summons, the respondent/ tenant raised a jurisdictional objection; that neither the petitioner is a retired Government servant, nor is a retired servant of a Company owned or controlled either by the Central or State Government; therefore, the












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