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2019 Supreme(MP) 693

SHEEL NAGU
Patiram Sharma – Appellant
Versus
Satish Chandra Mangal – Respondent


Advocates Appeared:
For the Appellant :N.K. Gupta, Senior Advocate and Sanjeev Jain, Advocate.
For the Respondents:Arvind Dudawat, Advocate.

JUDGMENT :

Sheel Nagu, J.

1. Revisional powers of this Court under section 23E of M.P. Accommodation Control Act 1961 (for brevity 'the 1961 Act') are invoked to assail the final order of the Rent Controlling Authority dated 26/04/2019 passed in Case No. 01/2015 x 16 x 90/7 allowing an application preferred by the respondent/landlord under section 23A of the 1961 Act on the ground of landlord being retired servant of a Company (NTPC) owned and controlled by Central Government seeking eviction on the ground of bonafide need to run business in respect of shop admeasuring 8 ft. X 29 ft. situated on the ground floor occupied by petitioner as tenant since 01/08/1984 on rent @ Rs. 300/- p.m. subsequently enhanced to Rs. 400/- p.m.

2. Learned counsel for rival parties are heard.

CONTENTION OF PETITIONER

3. Learned senior Advocate along with Shri Sanjeev Jain, Advocate in support of challenge to the impugned order submits that the respondent despite having failed to prove the foundational prerequisites for entitling, an order under Section 23A of the 1961 Act i.e. landlord is the owner of the accommodation and the landlord being a retired servant of a Company (NTPC) owned and controlled by Cent

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