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1989 Supreme(MP) 58

G.G.SOHANI, K.M.AGRAWAL
SHIVRAJ JAT – Appellant
Versus
ASHA LATA YADAV – Respondent


Advocates Appeared:
ASHOK JAIN, K.N.AGRAWAL,

JUDGMENT :

( 1. ) THIS case has come up before us for consideration of a question of law referred to a Larger Bench by a learned Single judge of this Court.

( 2. ) THE material facts giving rise to this reference, briefly, are as follows : An application was filed by the non-applicants under section 23-A of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the Act) for eviction of the applicant from the leased premises on the ground that the said accommodation was bona fide required for the purpose of starting the business of non-applicant No. 3, the major son of non-applicant No. 1, widow of the deceased landlord. The claim of the non-applicants was resisted by the applicant, but the rent Controlling Authority found, after appreciating the material on record, that the ground for eviction specified in clause (b) of section 23-A of the Act was made out. The Rent Controlling Authority accordingly directed the applicant to put the non-applicants in possession of the leased premises. Aggrieved by that order, the applicant preferred a revision application before this Court. At the time of hearing, it was contended on behalf of the applicant that no relief could have be










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