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1995 Supreme(MP) 106

D.M.DHARMADHIKARI, FAKHRUDDIN
Ramdas – Appellant
Versus
Shakuntaladevi – Respondent


Advocates:
R.A. Roman for applicant; A.M. Naik for non-applicant, R.D. Jain with S.K.
Jain, H.D. Gupta, D.K. Katare, amicus curiea.

ORDER

D.M. Dhanmidhikari, J. -- 1 The learned Single Judge Hon'ble S.K. Dubey, J., in the course of deciding this revision preferred by the tenant under section 23-E of the M.P. Accommodation Control Act, 1961, (for short, the 'Act') against the order of eviction dated 8.4.1993, passed by the Rent Controlling Authority under section 23-A (b) of the Act, noticed that there is a cleavage of opinion on the interpretation and procedural requirement contained in section 23-C of the Act and has referred the matter to a Larger Bench for resolving the conflict.

2. The provision under consideration for interpretation and determination of its scope is section 23-C, which reads as under:-

"23-C. Tenant not entitled to contest except under certain circumstances:-(1) The tenant on whom the summons is served in the form specified in the Second Schedule shall not contest the prayer for eviction from the accommodation unless he files within fifteen days from the date" of service of the summons, an application supported by an affidavit stating the grounds on which he seeks to contest the application for eviction and obtains leave from the Rent Controlling Authority as hereinafter provided, and in defa






























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