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2016 Supreme(MP) 998

ALOK ARADHE
Paramjeet Kaur Bhambhah – Appellant
Versus
Jasveer Kaur Wadhwa – Respondent


Advocates Appeared:
For the Applicant :Rajendra Tiwari, Learned Senior Counsel with Abhishek Tiwari, Advocate.
For the Non-Applicant :Pranay Verma, Advocate.

ORDER :

Alok Aradhe, J.

In this Revision under Section 23-E of M.P. Accommodation Control Act, 1961, the applicant has assailed the validity of order dated 19/01/2004 passed by the Rent Controlling Authority, Jabalpur. In order to appreciate the applicant's challenge to the impugned order, few facts need mention which are stated infra.

2. The applicant filed an application under Section 23-A(b) of M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'Act') against the non-applicant. The claim in the application inter alia was based on the ground that accommodation in question, which is non-residential in nature, was let out to the non-applicant under an agreement dated 28/01/1992 by Late Sardar Kulwant Singh, who is husband of the applicant. It was further pleaded that on 06/04/1998 the applicant's husband expired. Thereafter, the non-applicant started paying rent to the applicant and thus attorned to the ownership of the applicant. The eviction of the non-applicant from the accommodation in question was sought inter alia on the ground that applicant needs the accommodation bona fide for her son namely Gurjinder Singh who wants to open an ice cream parlour in the premises























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