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2013 Supreme(MP) 1233

N.K.GUPTA
Anil Kumar Singhai – Appellant
Versus
Vimal Chand Jain – Respondent


Advocates Appeared:
For the applicant :Shri Ravish Agrawal, Senior Advocate with Shri K.S. Jha, Advocate.
For the respondent:Shri V.S. Shroti, Senior Advocate with Shri Vikram Johri, Advocate.

JUDGMENT :

The applicant/tenant has preferred the present revision against the order dated 26.2.2010 passed by the learned Rent Controlling Authority, Bhopal in caseNo.08/RCA/2009-10, whereby an order of eviction was directed against the applicant for a shop having measurement9.6' X 13.6', situated at house No.16-A, New Market, T.T. Nagar, Bhopal.

2. The facts of the case, in short, are that, the applicant who was a retired employee of State Bank of Indore has filed an application under section 23 of M.P. Accommodation Control Act for ejectment of the respondent from the aforesaid shop on the basis of the necessity. In the application, he gave the explanation about the other accommodation available to him. After filing of reply to the application, he modified the application that neither a talk took place for enhancement of the rent, nor his daughter started her business in the year 2001. It was pleaded that the daughter of the applicant/landlord had started her business in the name of her mother but, since 1996 she was doing her regular business.

3. In reply to the application filed by the landlord, the present applicant/tenant has submitted a reply that there was no bonafide need to













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