JUDGMENT :

This is a Civil Revision under section 23-E of the Madhya Pradesh Accommodation Control Act, 1961 (Act for short). Rent Controlling Authority (R. C. A. for short) has allowed the application of respondent under section 23-A of the Act on the ground of bona fide requirement for non-residential purpose of opening a shop for his son Vinay Akolkar (AW-2).

2. Respondent is a Hindu widow. She claimed to have acquired the disputed shop in oral partition of the family property in the year 1981. A memorandum of such partition was reduced into writing on 28-1-1995. She bona fide required the disputed shop for starting a new business of her major son Vinay Akolkar (AW-2) for which purpose she has no other reasonably suitable shop in the town. Quit notice dated 31-3-1997 demanding vacant possession since 30-6-1997 was sent by registered post which had remained un-replied.

3. The petitioners, who are mother and son after obtaining leave to contest claimed that the joint family of respondent owned about 34 shops and open land in the town including vacant shops left by Chhagan Lal Jaiswal and R. L. Gupta tenants. There has been no family partition. Story of partition is invented to entitl