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1997 Supreme(MP) 295

R.S.GARG
Kailashchandra and Brothers – Appellant
Versus
Kamla – Respondent


Advocates:
J.L. Jain for applicants; N.K. Patni for non-applicant.

ORDER

1. By this petition under section 23-E of M.P. Accommodation Control Act, the tenant-applicants challenge the correctness, legality and propriety of the order dated 4.3.95 passed by the Rent Controlling Authority on the application filed by the non-applicant landlady.

2. The brief facts necessary for the disposal of the application are that the landlord filed an application for eviction of the tenant on the ground that the premises in possession of the tenant were required by her bona fide for carrying on non-residential activity viz., the clinic/consultation services.

3. The defendant was granted leave to defend, taking advantage of the same he filed the written statement. The parties joined the issues, led evidence, the trial Court after hearing the parties, granted the application in favour of the non-applicant. Being dis-satisfied by the order passed by the Rent Controlling Authority, the tenant has come up in this revision.

4. Shri J.L. Jain, learned counsel for the applicant contended that prior to filing of the suit and during the pendency of the petition for eviction, the landlady has re-let some of the premises, which came to her possession, at higher rent. He also submi











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