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Madhya Pradesh High Court · body

1994 DIGILAW 124 (MP)

Santlal Rajput v. Tarabai

1994-02-14

M.V.TAMASKAR

body1994
JUDGMENT This is a revision against the order passed by the Rent Controlling Authority, Jabalpur dated 29.8.1991 in Eviction Case No. 3-A-90 (7) of 1987-88 whereby the Rent Controlling Authority has rejected the application filed by the applicant for ejectment under section 23-A of the M.P. Accommodation Control Act. The property belonged to one Puranlal, which was purchased in the year 1949 and after his death it devolved on his wife Suhagi. It is alleged that Suhagi sold the said property to Santlal. Bhaiyalal is brother of Santlal and it is alleged that Bhaiyalal was living in the suit premises as tenant and after his death Tarabai (his widow) and others are the tenants of the said premises. A civil suit has been filed, claiming the suit property both by Santlal and Bhaiyalal on the basis of a will executed by late Smt. Suhagi in favour of Bhaiyalal. Therefore, there is a dispute regarding the ownership of the suit premises and in the circumstances the learned Rent Controlling Authority rightly came to the conclusion that the parties have failed to prove their relationship of landlord-tenant and unless the same is decided the Rent Controlling Authority has no jurisdiction to decide the same. In view of the fact that the Rent Controlling Authority had definitely recorded the finding that there is no relationship of landlord-tenant between parties, the application ought to have been dismissed without giving any further findings on the application. Shri G.C. Bhatia, the learned counsel for the applicant, submitted that this revision should be kept pending until the suit is decided. I do not find any case for keeping the revision pending. The revision is dismissed accordingly as the Rent Controlling Authority rightly held that the application under section 23-Aofthe M.P. Accommodation Control Act was not tenable. The parties shall bear the costs.