Motilal S/o Bherulaui Rami v. Ashadevi Wd/o Santosh Kumarji Jain
2005-08-11
N.K.MODY
body2005
DigiLaw.ai
ORDER N.K. Mody, J. 1. Petitioner by Shri A. S. Garg, Senior Advocate with Shri G. S. Yadav, Advocate. Being aggrieved by the order dated 5-8-2005 passed by Rent Controlling Authority, Ujjain in Case No. 67A-90(7-A)02/03, whereby the application filed by the petitioner for leave to defend has been dismissed, the present revision has been filed. 2. Short facts of the case are that respondent filed the petition before Rent Controlling Authority, Ujjain for eviction of the petitioner, on the ground of genuine requirement. In that petition, the present petitioner moved an application under section 23-C of M.P. Accommodation Control Act for leave to defend. Learned Appellate Court by the impugned order held that no ground is made out by the petitioner for grant of leave to defend. Learned counsel for the petitioner submits that the learned Court has not discussed in detail that what grounds has been raised. Learned counsel submits that petitioner in the application has alleged that respondent does not require the suit accommodation. Even if it is assumed that respondent requires the suit accommodation then she is having alternative accommodation from where the need can be fulfilled. 3. Learned counsel placed reliance on a decision in the matter of Col Surinder Singh Bhattal v. Rakesh Kumar Jain reported in (1996) 4 SCC 275 wherein the Hon'ble Supreme Court held that, "In proceedings like the one in question when an application for leave to defend is made by the tenant supported by an affidavit for grant of leave to contest the eviction petition filed by the landlord under section 13-A of the Act, the Rent Controller is not required to examine the issue from the point of view of the ultimate proof which the tenant may produce but the only thing which the Controller is required to examine is to look into the averments made in the application by the tenant and the affidavit in support thereof to see whether the tenant has made out a case which, if proved, would disentitle the landlord from claiming the eviction of the tenant from the Civil Revision No. 225 of 2005 decided on 11-8-2005. (Indore) premises occupied by him in summary proceedings. In view of the law laid down by the Hon'ble Supreme Court, this revision petition is disposed of with a short direction that the Rent Controlling Authority, Ujjain shall dispose of the application afresh.
(Indore) premises occupied by him in summary proceedings. In view of the law laid down by the Hon'ble Supreme Court, this revision petition is disposed of with a short direction that the Rent Controlling Authority, Ujjain shall dispose of the application afresh. Till then the impugned order shall be kept in abeyance. With the aforesaid directions, appeal stands disposed of.