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1994 Supreme(MP) 996

D.P.S.CHAUHAN
Santosh Kumar Jaiswal – Appellant
Versus
Joseph – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.P. Sinha, Advocate
For Respondents/Defendant:Mr. D.N. Shukla, Advocate, For N.A. (a), Mr. Ajay Raizada, Advocate, For N.A. (b)

ORDER

D.P.S. Chauhan, J.

1. The present revision is directed against the order dated 21.4.92 passed by the Rent Controlling Authority Katni in Case No. 3/A-90 (7) of 91-92 refusing leave to defend and passing decree for eviction.

2. Smt. Premlata Jacob moved the Authority under the Madhya Pradesh Accommodation Control Act, 1961 (for brevity hereinafter referred to as the Act) u/s 23-A for the ejectment of the tenant Santosh Kumar Jaiswal (applicant). The application for ejectment was made claiming the priority Clause under Chapter III-A of the Act under Section 23-J wherein a special definition of the landlord for the purposes of Chapter III-A of the Act is provided. Section 23-J is extracted below -

23-J. Definition of landlord for the purposes of Chapter III-A -For the purports of this Chapter 'landlord' means a landlord who is -

(i) a retired servant of any Government including a retired member of Defence Services; or

(ii) a retired servant of a company owned or controlled either by the Central or State Government; or

(iii) a widow or a divorced wife; or

(iv) physically handicapped person; or

(v) a servant of any Government including a member of Defence services who according to his serv









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