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1997 Supreme(MP) 695

T.S.DOABIA
Hemant Kumar S/O Rajbiharilal – Appellant
Versus
Shankarlal S/O Jeevanlal – Respondent


ORDER

T.S. Doabia, J.

1. One Leela Devi filed a petition under Chapter III-A of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the Act). She was seeking eviction for her own need. According to her, she wanted to do some retail business. Her plea was that she is a landlady Under Section 23-J of the Act. This application was taken up by the Rent Controlling Authority. Leela Devi died. Thereafter, an application was filed by Hemant Kumar in which he took a plea that he be permitted to continue with the proceedings as the premises are required for the need of his son. This prayer was allowed by the Rent Controlling Authority (hereinafter referred to as the Authority). This order was challenged in this Court by filing civil revision No. 98 of 1997. In this petition, it was observed that Hemant Kumar was not within his rights to claim eviction under Chapter III-A for the need of a person who was grandson of the original landlord. However, at the same time, in paras 7 and 8 following observations were made :

"From the aforesaid discussion and the law laid down in the case of Nabi Ahmed (supra), it is held that the legal representatives can substitute the cause of action












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