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1998 Supreme(MP) 872

TEJ SHANKAR
Bhagwandas – Appellant
Versus
Ramcharan – Respondent


Advocates:
R.D. Gupta with S.K Gupta for applicant; K.K. Lahoti for respondent.

ORDER

1. This revision is directed against the order dated 30.6.1997 passed by the Rent Controlling Authority, Guna.

2. Briefly narrated facts are that the landlord respondent filed a petition purporting to be under 'Section 23A of the Madhya Pradesh Accommodation Control Act, 1961 (hereinafter will be referred to as the Act). With the allegation that he was the owner of the house situated in Subhash Colony on Agra Bombay Road, Guna, detailed in para 1 of the petition the defendant was the tenant in the portion marked by the red lines in the map attached with the petition. He was a teacher previously and retired from service on 31.7.93. He wanted to carry on business of Breakfast Centre in the disputed shop in which the present petitioner was the tenant. He had no other vacant shop with him in which he could carry on business. He gave a notice to the present petitioner on 13.9.93 terminating his tenancy and to vacate the shop, but no effect. He also did not pay the rent. Respondent Bhagwandas i.e. the present petitioner moved an application purporting to be under Section 23-C of the said Act for leave to contest. It was allowed. He filed a written statement contesting the claim. He h








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