SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1993 Supreme(MP) 401

P.N.S.CHOUHAN, GULAB C.GUPTA
Jenendra Kumar Jain – Appellant
Versus
Roshanlal – Respondent


Advocates:
S.C. Jain for petitioner;
Sharad Verma for non-petitioner.

ORDER

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












Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top