D.M. Dharmadhikari, J. -- 1. This is a revision under section 23-E of the M.P. Accommodation Control Act, 1961 (in short 'the Act'), by the tenant. The parties are real brothers. The suit accommodation is house No. 1486 Napier Town, Jabalpur and is a residential accommodation.

2. The admitted facts are that the applicant retired from government service in April 1983. By a deed of gift executed on 30.8.1983, the suit accommodation was acquired by transfer by the non-applicant landlord from his mother. The present application for eviction was filed before the Rent Controlling Authority (in short 'the Authority') on 5.9.1984. The need set up was bona fide need for residence. Another tenanted portion adjoining the suit accommodation was occupied by other tenant (called portion of Sarkar) against whom also the present landlord filed proceedings for eviction and in fact obtained a decree.

3. The counsel appearing for the tenant before me firstly submitted that the application at the instance of the present landlord was not competent before the Authority because he did not fall in the category of specified landlord under section 23-J of the Act. Explaining the above submission, the