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1987 Supreme(MP) 155

T.N.SINGH
MADANLAL – Appellant
Versus
MITTHULAL SHARMA – Respondent


JUDGMENT :

( 1. ) UMPTEEN times counsel were warned that I shall hear this matter only on the question of jurisdictional competence of Authority because the jurisdiction of this Court to pass any order in Revision under Section 23-E is not so wide as to interfere on facts except such facts as are jurisdictional facts. I am happy that counsel heeded my advice and limited their submissions to the question of jurisdiction which arises in this matter in two ways.

( 2. ) FIRST few skeletal facts to which my attention is drawn by counsel in the course of their submissions. It is admitted that an application under Section 23-A of the M. P. Accommodation Control Act, 1961, for short, the act, was filed on 28-11-1983 by the non-petitioner for an order of eviction against the tenant. On 12-12-1983, the tenant (herein the petitioner) made a prayer under Section 23-C of the Act for leave to defend the application which was granted on 11-11-1984. Thereafter, he filed on 26-2-1984, his written statement to contest the application on merits. The admitted legal position is also that on 10-1-1985, Madhya Pradesh Accommodation Control (Amendment)Ordinance, 1985, for short, the Ordinance, had come into


















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