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2002 Supreme(MP) 1108

S.P.KHARE
Girish Kumar Shrivastava – Appellant
Versus
Punjab National Bank, Satna – Respondent


Advocates:
Pranay Verma for applicant;
H.S. Ruprah with N.S. Ruprah for respondent.

ORDER

1. This is a revision by the applicant under section 23-E of the M.P. Accommodation Control Act, 1961 (hereinafter to be referred to as the Act) against the order by which his application under section 23-A (b) of the Act for eviction of the tenant has been rejected.

2. It is not in dispute that the New Bank of India had taken on lease a portion of the house No. 780/661, Ward No. 16, Lalta Chowk, Satna by the lease-agreement dated 26.4.1981 from applicant Girish Kumar Srivastava and his three brothers for banking business at a monthly rent of Rs. 1802.50 paise for a period of five years. The area of the house which was the subject matter of lease is 1442 Sq. ft. and is shown in red colour in the map annexed to the application. There has been no partition amongst the applicant and his brothers. He is Karla of the joint Hindu family. The New Bank of India has been amalgamated in the Punjab National Bank and this Bank is now the tenant in the suit accommodation. The applicant was in State Government service and has retired from the post of District Registrar, Damoh on 28.2.1994.

3. The applicant's case is that he comes in the category of the "landlord" defined in section 23-J of











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