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2007 Supreme(MP) 906

S.S.JHA, S.A.NAQVI
Paramjeet Kaur Samba – Appellant
Versus
Jasbir Kaur Wadhwa – Respondent


Advocates:
Rajendra Tiwari with Thaman Khadka for petitioner;
A.K. Jain for respondent.

OPINION

Jha, J. -- 1. This revision is referred to the larger Bench by learned Single Judge by order dated 11.11.2006 to determine the following question:

"Whether the application under section 23-C of the M.P. Accommodation Control Act, 1961, supported by an affidavit stating the grounds on which a tenant seeks to contest the application for eviction, on being granted, would itself serve the purpose of written statement and no opportunity of separate written statement in additional manner is contemplated in such a situation under Chapter III-A?"

2. Question involved in this case is that after grant of leave whether defendant can be permitted to file written statement or application for grant of leave supported by the affidavit is sufficient and no further opportunity to file written statement should be granted?

3. Shri Rajendra Tiwari, senior advocate, appearing for the petitioner submitted that under Chapter III-A of the M.P. Accommodation Control Act, 1961 (herein after referred to as "the Act") there is no provision for filing of written statement. He submitted that once leave is granted under section 23-C of the Act then Rent Controlling Authority is required to proceed under the









































































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