Thereafter, Raj Kumar represented by his father and guardian Nemi Chand filed a petition under Section 23A of the Madhya Pradesh Accommodation Control Act, 1961 seeking the eviction of the appellant from the premises on the ground that it is required for starting a business for sale of utensils for benefit of the owner.
Brief facts necessary to appreciate the questions raised, may be stated thus Bhogi Ram and Nemi Chand were two brothers and jointly owned the four storeyed building of which the suit presumes two shop rooms on the ground floor formed a part.
Nemi Chand by a registered document executed on 25th February, 1989 exhibit P.4 settled the suit property ground floor of the building in favour of his son Raj Kumar who is the respondent herein.
The appellants refuted the plea of bona fide personal requirement of Raj Kumar and also questioned the maintainability of the petition filed by him alleging that there was numberrelationship of landlord and tenant between the parties.
By a registered document executed on 30th June, 1989 Bhogi Ram relinquished his interest in the building in favour of his brother Nemi Chand.
maintainability of the eviction petition filed by Raj Kumar and acceptability of the plea of bona fide requirement and held against the applicant on both the companynts.
He also questioned the validity of the arrangement settlement made by Nemi Chand in favour of and for the benefit of his disabled son, Raj Kumar by the registered document dated 25th February, 1989.
In the said judgment, the High Court set aside the order passed by the rent companytrol authority dismissing the application filed by the present respondent and evicting the tenant from the premises in question.
An order for eviction of the tenant was passed on the ground of bona fide requirement of the landlord and with other companysequential directions.
In this appeal filed by the tenant Govind Das Bansal legal representative of the original tenant the Judgment rendered by the division bench of the Madhya Pradesh High Court in civil revision No.
Raj Kumar is undisputedly an insane person.
814 of 1997 is under challenge.
Leave granted.
