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2007 Supreme(MP) 848

D.R.DESHMUKH
Uttam Rajak – Appellant
Versus
Shanti Bai Chouksey – Respondent


ORDER

D.R. Deshmukh, J.

1. Heard on application for amendment of the revision petition for raising additional grounds.

2. Prayer is not opposed. Amendment be incorporated today.

3. This revision was finally heard today.

4. The petition/tenant is aggrieved by the order dated 5-5-2007 passed by the Rent Controlling Authority, Bilaspur (hereinafter referred to as the RCA) in Case No. 2/A-90 (6)/2006-07, whereby the application filed by the petitioner/tenant under Section 23-C of the Chhattisgarh Accommodation Control Act, 1961 (henceforth 'the Act, 1961') for permission to contest the application for eviction was rejected on the ground that it was not filed within 15 days from the date of service of notice upon him.

5. Brief undisputed facts are that the respondent/landlord filed an application under Section 23-A of the Act, 1961 before the RCA for eviction of the petitioner/tenant on 30-12-2006. Summons to the tenant was not issued in the form specified in the 2nd Schedule to the Act, 1961. The petitioner/tenant appeared before the RCA on 19-1-2007 on which date he was supplied with a copy of the application filed under Section 23-A by the landlord. On 27-1-2007, the petitioner/tenant file
































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