Subhash Chandra (Late) vs Gulab Bai
Bench:
Thakur T S, Kurian Joseph
Issue:
Whether a retired Municipal Corporation employee can also maintain an application for eviction under Chapter III-A of the Madhya Pradesh Accommodation Control Act, 1961.
Facts:
- Appellants are legal heirs of deceased Subash Chandra, the landlord who died during the litigation of the appeal before this court.
- The landlord obtained an order of eviction of his tenant under the provisions of the Madhya Pradesh Accommodation Control Act, 1961by taking recourse to the special procedure contemplated under Chapter IIIA of the Act.
- Two learned Judges of the High Court stated that the appellant would not be a landlord within the meaning of Section 23-J(ii) of the Act.
- Aggrieved by the judgment, the appellant went to high court for appeal.
Appellant's Contentions:
The Appellant contends that the retired employees of Municipal Corporation should be covered under Section 23J of Madhya Pradesh Accommodation Control Act, which was rejected by the High Court.
Respondent's Contention:
The respondent contends that retired employees of municipal corporate will not come under Section 23J of MPACA, because the term Company and Corporation differs.
Judgment:
The Supreme Court of India rejected the order of High Court and gave sanction to the claim of appellant.
"We, therefore, are of the view that reading the provisions of Section 23-J(ii) of the Act to include retired employees of the Municipal Corporation would further the object behind the enactment of Chapter IIIA of the Act. We, therefore, hold that the appellant – landlord was fully entitled to avail of the special procedure enjoined by Chapter IIIA of the Act and the decree of eviction obtained by him cannot be faulted on the ground of lack of jurisdiction of the Tribunal/Forum which had decided the matter." said the Supreme Court of India.
