Failure to plead bonafide need for suit accommodation as required under Section 23-A of the M.P. Accommodation Control Act, 1961 is a crucial ground for setting aside an eviction decree.

Judgment:

1. This revision application under Section 23-E of the M.P. Accommodation Control Act, 1961 (for brevity the 'Act of 1961') has been filed by the defendant against the eviction order dated 05.12.2008, passed by learned Rent Controlling Authority, Khandwa in case No.5A/90(07) year 2005-2006, passing a decree of eviction under Section 23- A of the Act of 1961.

2. The application for eviction was filed by land-lord Smt Jaitun Bi on the ground that she is widow and comes within the special category of the land-lord envisaged under Section 23-J of the Act of 1961. In the application of eviction, it is contended that she is in the need of suit accommodation of her own residence. After obtaining leave to defend the written statement was filed by the applicants.

3. The learned Rent Controlling Authority after recording the evidence passed a decree of eviction.

4. The sole but forcible submission which has been submitted by Shri Sarvate, learned counsel for the applicants that in the entire application of eviction, no where it has been pleaded by the plaintiff (whose legal representatives are respondents) that apart from suit accommodation she is not having any other reasonable suitable residential accommodation vacant in the township of Khandwa and therefore, this mandatory requirement of law, as envisaged under Section 23-A of the Act of 1961 has not been proved by the plaintiff, therefore, the eviction application should be dismissed on this sole ground.

5. On the other hand, Shri K.S. Rajput, learned counsel for the respondents argued in support of the impugned order.

6. Having heard the learned counsel for the parties, I am of the view that this revision deserves to be allowed.

7. On bare perusal of the eviction application and by paying heed to para 5 this court finds that simply it has been written by the plaintiff that she is residing in a tenanted premises and she is not having any other reasonable suitable residential accommodation vacant in the township of Khandwa. For ready reference it would be appropriate to quote para 5 of the eviction application :-

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8. That apart in this para and also in the entire eviction application this has not been pleaded that the suit accommodation is required bonafidely by plaintiff. In the application, the only ground, which has been assigned that she would like to reside in the suit premises. There is no pleading of the land-lord that the suit accommodation is bonafidely needed for her own residence and also for the residence of her family members. Since there is no necessary pleading in order to set Section 23-A of the Act of 1961 in motion, I am of the view that the eviction decree cannot be passed.

9. On this short ground, this revision application succeeds and is hereby allowed. The impugned order passed by the learned Rent Controlling Authority is hereby set aside and the application for eviction filed by the landlord stands dismissed. No costs.