1. Being aggrieved by the order dated 8.7.2010 passed by Rent Controlling Authority, Indore in Case No. A-90 (7) 46/09, whereby eviction petition filed by petitioner under section 23-A of M.P. Accommodation Control Act, (which shall be referred as the Act) was dismissed, present petition has been filed.

2. Short facts of the case are that petitioner filed a petition under section 23A of the Act alleging that petitioner is the owner of a house situated at Nandlal Purar Sabji Mandi, Indore bearing municipal house No.5, Ward No. 44. It was alleged that respondent is in occupation of the suit accommodation as tenant @ Rs. 350/- per month since last thirty years. Further case of the petitioner was that petitioner, who is the senior citizen aged 73 years is also a handicapped person. It was alleged that petitioner requires the suit accommodation bona fidely for the residence of himself and also for the members of his family. It was alleged that the accommodation, which is in occupation of petitioner is not sufficient to meet out the requirement of the family. It was alleged that there are five members in the family of the petitioner, which includes petitioner, his wife, daughter-in-