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Madhya Pradesh High Court · body

2014 DIGILAW 1625 (MP)

Vinod Awasthi v. Arti Sharma

2014-12-09

ROHIT ARYA

body2014
ORDER 1. This revision petition is placed before this Court being aggrieved by the order of eviction passed by the Rent Controlling Authority under the provisions of M.P. Accommodation Control Act. 2. During the course of hearing, learned counsel for the parties fairly submitted that the Rent Controlling Authority as a matter of fact has not adverted to the evidence brought on record for and against the eviction proceedings and has passed the impugned order in a slip shod manner. The aforesaid impugned order, therefore, cannot be sustained in the eyes of law. It is jointly prayed by the counsel for parties, that in the fitness of things, the entire matter may be remitted back to the Rent Controlling Authority to decide afresh by recording a finding as against the issues framed on pleadings of the parties and evidence led in that behalf. 3. In view of the aforesaid, impugned order is set aside, this revision petition is disposed of and the matter is remitted back to the Rent Controlling Authority with following directions :- i) both parties shall appear in person or through their counsel before the Rent Controlling Authority, Gwalior on 5.1.2015; ii) Rent controlling Authority shall take up the case for decision afresh on merits by taking into consideration the pleadings of the parties and evidence led while deciding the issues framed and to render final decision; iii) this exercise shall be completed by the Rent Controlling Authority within three months from the date of presentation of certified copy of this order; 4. It is made clear that this Court has not expressed any opinion on the merits of the case. R. K. Soni for petitioner; Anmol Khedkar for respondent.