High Court Of Madhya Pradesh
Dr. T. N. Singh, J.
SAROJ THAREJA
Versus
TARABAI
Decided On : Aug 12,1987
The fact which is not disputed is that non-applicant No.1 is a widow and she is indisputably a landlady of the class contemplated under Section 23-J (iii). Section 23-A (a) authorises to Authority to make an order directing the tenant to put such a landlady in possession of the accommodation "let out for residential purpose and is required bona fide by the landlord for occupation as residence of the landlord himself or for any member of his family." The plurality of need is very much clearly under-written in the provisions of section 23-A (1). CR No.72/86 date 5-9-1986 and 1986 JLJ 713 relied on; 1987 (1) MPWN 247 distinguished.
(Para 4)
(2) Accommodation Control Act, 1961 (M.P.)-S. 23-D (3)-mandate of provision-cannot be defeated by depositing process fee only-defendant should keep his witnesses ready. (Para 7)
(3) Civil P.C. 1908-O. 23. R. 2-plaintiff availing newly enacted special provision-withdrawal of previous regular suit with leave is no bar.
(Para 6)
( 1. ) A fervent appeal is made by petitioners counsel for deferring hearing and decision in this matter. However, I see no reason to oblige counsel to make his client happy only abdicating my judicial duties and shutting my eyes to the background facts of the case.
( 2. ) BETWEEN 15-4-1987 and this date, this matter came up before me on many occasions and hearing was deferred on the prayer of counsel that parties may be able to settle matter amicably. Indeed, on the last date, namely, 3-7-1987, non-applicant No. 1 was not present, but the applicant No. 1 was present and on that ground only, the matter was adjourned till today with the hope that when both sides are present, they would file joint petition recording the compromise, as it was submitted to this Court on 15-4-1987. Today, both parties are present - applicant No. 1 and also non-applicant No. 1. Yet, they failed to reach a compromise and settlement and the fact is also that this application under Section 23-E of the Madhya Pradesh Accommodation Control Act, 1961, for short, the act, is pending decision in this Court for 1 1/2 years. _
( 3. ) SHRI R. D. Jain, who appears for the non-applicants, strongly urged that the instant case is fully covered by decision of this Court rendered by me on 5-9-1986 in Civil revision No. 72 of 1986 (Ghanshyamdas Gupta vs. Shivaldas ). Shri Chaturvedi, who appears for the applicants, on the other hand, contests his position and has tried to distinguish the decision. Councel has also pressed in service a reported decision of a learned Single Judge of this Court in the case of Smt. Sushiladevi vs. Kedarnath Gupta, 1987 MPRCJ 193. The only fact which has to be stated in this connection is that decision in Sushiladevi (supra) was rendered on 17-9-1986 after the decision in Ghanshyamdas guptas case (supra), but in that case, the attention of his Lordship was not drawn to the decision in Ghanshyamdas Guptas case (supra) which, of course, had remained unreported till now.
( 4. ) IT is true as Shri Chaturvedi contends, in Ghanshyamdas Gupta (supra), the main question involved for decision was that of plurality of ownership, while the fact of the matter is also that in the same decision, I have observed that Section 23-J has to be read along with Section 23-A, because it is the landlord of the class envisaged under section 23-J who is enabled under Section 23-A to make the application for eviction of the tenant and, therefore, his entitlement to evict would be evidently dear mined not only by Section 23-J, but also by the terms of Section 23-A. In disposing of finally an application under Section 23-A, the Rent Controlling Authority, for short, the authority, is required to consider the provisions thereof. In the instant case, the fact which is not disputed is that non-applicant No. 1 is a widow and she is indisputably a landlady of the class contemplated under Section 23-J (iii ). Section 23-A (a) authorises the Authority to make an order directing the tenant to put such a landlady in possession of the accommodation "let out for residential purpose and is required bona fide by the landlord for occupation as residence of the landlord himself or for any member of his family. " The plurality of need is very much clearly under-written in the provisions of section 23-A (a) and, therefore, I do not find any substance in the contention of Shri chaturvedi that the decision in Ghanshyamdas Gupta (supra) has no relevance to the case or that the view taken therein is not a reasonable or plausible view. What only remains to be stated is that Lata Prasad, 1986ju 713 was the decision which provided inspiration for the view taken in Ghanshyamdas Gupta (supra), concerning plurality of need, not merely plurality of ownership.
( 5. ) IN Sushiladevi (supra), the widow had filed an application under Section 23-A on the ground of bona fide need of her major son only and it was held that the proper forum for such a prayer was not by way of an application befo
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