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1994 Supreme(MP) 231

K.L.ISSRANI
Mohan Das – Appellant
Versus
Deven Das – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. S.L. Saxena, Advocate
For Respondents/Defendant:Mr. R.D. Hundikar, Advocate

ORDER

K.L. Issrani, J.

1. The order in this revision petition shall also govern the disposal of Kishore Kumar Magurkar & another Vs. Deven Das C.R. No. 524 of 1993, decided on 16th March, 1994.

2. In these revision petitions the point raised is as to whether an employee of a Municipal Corporation is a Government servent within the meaning of section 23 - J of the M.P. Accommodation Control Act, 1961 ?

3. In these revision petitions admittely the non -applicant Deven Das is a common landlord. He was working as lower Division Clerk in Municipal Corporation, Bhopal and retired on 31.7.1989. After retirement he filed an application before the Rent Controlling Authority, Bhopal under section 23-A of Chapter III for eviction of the applicants-tenants.

4. According to the applicants, the non-applicant is not covered in the definition of the landlord as defined under section 23-J of the M.P. Accommodation Control Act, 1961 (Hereinafter referred to as'the Act'). Therefore, the application before the Rent Controlling Authority is not maintainable. They have, therefore, challenged the impugned order passed by the Rent Controlling Authority on the ground that the Rent Controlling Authority committe








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