Misra, J. -- Finding conflict between two Division Bench decisions rendered in the cases of Jhonson Bernard v. C.S. Naidu. 1985 JLJ 793 = 1985 MPLJ 675 and Jenendra Kumar v. Roshanlal. 1994 JLJ 19, the learned Single Judge made the following reference:

"Whether a retired Government servant, who acquires accommodation after his retirement and lets out the same to a tenant is entitled to invoke Section 23-A of the Act ?"

2. For the sake of convenience and clarity we would refer to the facts in Civil Revision No. 1 1349/96. The non-applicant/landlord, after his retirement from Government service made an application before the Rent Controlling Authority. Raipur on 16.3.1989 under Section 23-A(b) of the M.P. Accommodation Control Act. 1961 (hereinafter referred to as 'the Act") seeking eviction of the tenant from shop No. 2 situated at Satti Bazar. Raipur. for commencing a business on the ground, that no suitable accommodation was available to him for the said purpose. leave to defend the case was granted to the tenant under Section 23(C) of the Act. The Rent Controlling Authority passed an order of ejectment by recording certain findings. Before the learned Single Judge. it was con