P.N.S.CHOUHAN, GULAB C.GUPTA
Jenendra Kumar Jain – Appellant
Versus
Roshanlal – Respondent
Gulab C. Gupta, J.-- 1. The applicant was admittedly a Government servant having retired from the said service on 31st May, 1985. He purchased the suit-shop by a registered sale-deed dated 27.6.1985 and started proceedings under section 23-A of M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) before the Rent Controlling Authority, Guna for obtaining vacant possession thereof. The non-applicant/tenant took an objection that since the applicant had become the landlord in relation to the tenanted premises after his retirement, he does not fall in any of the categories of 'landlord' specified in section-23-J of the Act and, therefore, proceedings initiated by him were ab initio void. It was particularly submitted that a retired Government Servant, in order to be treated as a landlord within the meaning of section 23-J (i) of the Act, must be the landlord on the date of his retirement. The learned Rent Controlling Authority dismissed the objection necessitating the present revision under section 23-E of the Act. The learned Single Judge (Hon. S.K Dubey, J.), who heard the revision finally, was faced with a factual situation, wherein Hon. K.L. Shrivastava, J
2. Ramesh Chandra Madhav Ram = [1987 (1) MPWN 51]
6. Gopaldas v. Smt. Prabha = [1991 (1) MPWN 76]
9. B. Johnsons case = (1985 JLJ 793
10. Kishore Saraf v. Raw Colton Industries Ltd. = (AIR 1955 SC 376)
11. Mahadeolal v. Administrator General of West Bengal = (AIR 1960 SC 936)
12. Brijlal Munnalal v. State of M.P. = (AIR 1970 SC 129)
14. Kehar Singh and others v. State (Delhi Administration) = (AIR 1988 SC 1883)
15. Union of India v. Sankalchand = (AIR 1977 SC 2328)
17. State Bank of Travancore v. Mohd. Mohammed Khan = (AIR 1981 SC 1744)
19. Ramesh Chandra v. Madhav Ram = (1987 (I) MPWN 51)
22. Seeta Ram Sharma v. R.C.A. = [1990 (1) MPWN 49]
23. Gopaldas v. Smt. Prabha = 11991 (I) MPWN 76]
25. Baijnath Prasad v. Daya Shankar = (1991 JLJ 189
8. Baijnath Prasad v. Dayashankar = (1991 JLJ 189
16. A.B. Antulay v. Ramdas Sriniwas Nayak and another = (AIR 1984 SC 718)
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