S.C. Pandey, J.

1. This is a revision Under Section 23-E of the M.P. Accommodation Control Act, 1961 (Henceforth, 'the Act'). It is directed against the order dated 24th of January, 1995, passed by the Rent Controlling Authority, Bhopal, in Case No. 89/RCA/92-93.

2. The claim of the non-applicant/landlady was for eviction of the applicant/tenant from the suit house, based on Section 23-A(b) of 'the Act' and the applicant tenant contested it on merits by denying the existence of the ground on which his eviction was sought.

3. During the cross-examination of the non-applicant, it was discovered by the applicant, that she claimed to be the landlady of the suit house by virtue of the will executed by her father-in-law in her favour. The will became operative upon his death from 11-1-1992. The application for eviction Under Section 23-A(b) of 'the Act' was filed within one year from the date of operation of will on 4-11-1992.

4. Thereupon, the applicant, relying on the proviso to Section 23-A of 'the Act', filed an application for dismissal of the application of the non-applicant, filed Under Section 23-A(b) of 'the Act', for the reason that under the proviso a landlord is prohibited f