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1986 Supreme(MP) 71

T.N.SINGH
INSPECTING ASSISTANT COMMISSIONER OF INCOME TAX – Appellant
Versus
RAJRANI SAHI – Respondent


Advocates Appeared:
K.L.Mongol, R.K.Shinde,

JUDGMENT :

( 1. ) WHEN the application for leave to defend is disposed of, what remains thereafter? The proceeding would then commence in terms of sub-section (2) of section 23-D of the Madhya Pradesh Accommodation Control Act,1961, for short, the act. How the "enquiry" contemplated thereunder has to be held ? That indeed, is the short and moot question that has been agitated in this hotly contested petition. Case-law galore has been cited and arguments - very elaborate, extending over 11/2 hours are made, to which I have given my best attention and earnest consideration. Now, the decision.

( 2. ) THE revisionist is a tenant. He is not fully satisfied with the impugned order and has impugned only a part of the order. He is happy that he is granted leave to defend, but he is unhappy that the Rent Controlling Authority, for short, the authority, has given him, which Shri Mangal, appearing for the non-petitioner, submits, is "a restricted leave. ". The question, therefore, is, could the leave be restricted in the manner as is done in this case ?

( 3. ) A landlord can seek eviction of a tenant on the ground of "bona fide" requirement of the premises let out, in virtue of the provisions of










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