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1986 Supreme(MP) 289

K.L.SHRIVASTAVA
GYANIBAI DUKHAI MOCHI – Appellant
Versus
SHIVLAL MADHO – Respondent


Advocates Appeared:
I.P.AGGARWAL, S.K.Pannekar,

JUDGMENT :

( 1. ) THIS revision petition under Section 23-E of the M. P. Accommodation Control Act, 1961 (for short the Act) is directed against the order dated 24-8-1985 passed by the Rent Controlling Authority, Indore (for short the authority) whereby the petitioners application under Section 23-A of the Act for eviction of the non-applicant from the accommodation in dispute situate at Indore, been dismissed.

( 2. ) CIRCUMSTANCES giving rise to the revision petition are these. The petitioner, a widow aged 55 years filed the application under Section 23-A of the Act on 25-10-1983 on the ground that the non-applicant is her tenant in the accommodation in question on a monthly rent and the accommodation is required bona fide for her residence with her relations and that she has no other reasonably suitable accommodation of her own in the city of Indore for the purpose.

( 3. ) THE non-applicant was granted leave to contest the application. He contended that he was a co-owner of the accommodation in dispute and was not a tenant. The averment of bona fide requirement was also controverted. ( 4. ) SUBSEQUENTLY the non-applicant remained ex parte.

( 5. ) AFTER ex parte evidence, the learned
















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