Supreme CourtFull Bench

Ram Beti (Smt) and Others vs Mohd. Yusuf Khan

Supreme Court Of India · Decided on 19 July 1994 · Citation: (1995) 3 SCC 593 Supp

HON’BLE JUDGES
S. P. Bharucha, J · S. Mohan, J · B.P. Jeevan Reddy, J
ACTS & SECTIONS REFERRED
Madhya Pradesh/Chhattisgarh Accommodation Control Act, 1961 — Section 23A
RESULT
Dismissed
CASE NUMBER
Civil Appeal No. 437 Of 1993
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Judgment

2 paragraphs · 146 words
1.

The respondent is a retired government servant within the meaning of Section 23(J)(i) of Madhya Pradesh Accommodation Control Act (for short ''the Act''). He filed an eviction application against the appellant on the ground of bona fide need as provided under Section 23-A of the Act, in relation to the non-residential premises in question. The trial court ordered eviction. That order was affirmed by the High court under revision.

2.

The only point that is raised before us is that for seeking eviction under Section 23-A of the Act, the retired government servant must move the court immediately after his retirement. We find no such limitation under the section, particularly in this case, on the facts we see no warrant for that submission. Though we were sought to be taken through the evidence, we decline to do so. The Civil stands dismissed accordingly. No costs.