Madhya Pradesh High Court
Smt. Dulari Bai vs Purshottam on 19 October, 2023
Author: Dwarka Dhish Bansal
Bench: Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 19 th OF OCTOBER, 2023
CIVIL REVISION No. 556 of 2017
BETWEEN:-
SMT. DULARI BAI W/O SHRI G.D. YADAV, AGED
ABOUT 67 YEARS, OCCUPATION: SENIOR
CITIZEN AND CHRONIC PATIENT R/O 13,
SAXENA BUILDING NEAR HARISH ATTA
CHAKKI SHAHJAHANBAD, BHOPAL (MADHYA
PRADESH) (DEAD) THROUGH LRS
1. RAJESH YADAV S/O LATE SHRI D.D. YADAV,
AGED ABOUT 46 YEARS, R/O-H.NO. 13, BEHIND
SAXENA BUILDING, SILAWATPURA,
SHAHJAHANBAD, TAHSIL HUZUR, BHOPAL
(M.P.) PIN-462001
.....APPLICANT
(BY SHRI AWADHESH KUMAR SINGH, ADVOCATE)
AND
PURSHOTTAM S/O JETHANAND, AGED ABOUT 47
YEARS, R/O H.NO. 13 BEHIND SAXENA BUILDING ALSO
NEAR HARISH ATTA CHAKKI, SHAHJEHANABAD
(MADHYA PRADESH)
.....RESPONDENT
(BY SHRI ANKIT SAXENA, ADVOCATE)
This revision coming on for admission this day, th e court passed the
following:
ORDER
Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10/20/2023 12:20:32 PM 2 This civil revision is preferred by original applicant/landlady against the order dtd.30.08.2017 passed by Rent Controlling Authority Nazul Sant Hirdaram Nagar (Bairagarh), Circle Bhopal in Case No.8/RCA/14-15 whereby applicant's application for eviction filed under Section 23-A(a) of the M.P. Accommodation Control Act, 1961 (in short "the Act") is dismissed.
2. During pendency of this civil revision, original landlady Smt. Dulari Bai had died, therefore, upon filing substitution application, present applicant Rajesh Yadav was substituted at her place.
3. After arguments for a while, learned counsel for the applicant concedes that the applicant Rajesh Yadav is not the landlord of the special category and as such in the light of decision of this Court in the case of Mahesh Chand Vs. Nishar Khan 2008(1)MPLJ 503, he prays for withdrawal of this civil revision as well as application of eviction with liberty to file suit for eviction on the grounds available under Section 12(1) of the Act.
4. Prayer being reasonable is accepted.
5. If such a civil suit is filed by the applicant or any other LR of landlady in accordance with the provisions of relevant law, the concerning Court shall decide the same on its own merits without being influenced by any of the findings recorded by learned RCA in its order.
6. Accordingly, the civil revision/application for eviction is permitted to be withdrawn and is hereby disposed off with the aforesaid liberty.
7. Pending application(s), if any, shall stand disposed off.
(DWARKA DHISH BANSAL) JUDGE Pallavi Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10/20/2023 12:20:32 PM 3 Signature Not Verified Signed by: KUMARI PALLAVI SINHA Signing time: 10/20/2023 12:20:32 PM