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2003 Supreme(MP) 305

A.K.SHRIVASTAVA, DIPAK MISRA
Hameeda Begam – Appellant
Versus
Champabai Jain – Respondent


Advocates:
A. Usmani with Hafizullah for petitioner; R.P. Jain with Virendra
Verma for respondents; Ravish Agrawal, amicus curiae.

ORDER

Misra, J.--1. In this revision preferred under section 23-E of the M.P. Accommodation Control Act, 1961 (for brevity 'the Act'), assail is to the order passed by the Rent Controlling Authority in Case No. 2A/90(7) 97-98 whereby the said authority has rejected the application preferred by the revisionist under section 23-A of the Act.

2. The civil revision was listed for hearing before the learned Single Judge who thought it seemly to refer the matter to be adjudicated by a larger Bench and accordingly he recommended for constituting larger Bench as envisaged under Rule 9(1) of the M.P. High Court Rules and Orders. Accordingly the revision has been placed before us. We may at the outset state that though the entire case has been referred, the learned Single Judge has framed questions to be answered by a larger Bench and in view of that we think it appropriate to reproduce the questions which form the part of the order passed by the learned Single Judge:

"1. Whether a co-owner (co-landlord) can file a suit for eviction against the tenant even if the other co-owner objects to the eviction of the tenant.

2. Whether the tenant who has purchased the undivided share of one of the co-own

































































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