9911796707
TMI Blog1995 (7) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... is a tenant on a monthly rent of ₹ 150/- per month. The petitioner filed an application under Section 23-A(b) of the Act for seeking eviction of the suit shop on bona fide requirement, for her son for the purpose of starting his own business of motor cycle scooter repairing. The petitioner's son is a Mechanic and. since last five years, working on a meagre pay of ₹ 500/- per month at Arun Jain Scooter House. The petitioner claimed eviction as a widow falling in specified category of Clause (iii) of Section 23-J of the Act, who had no other reasonably suitable non-residential accommodation of her own in her occupation in the city of Dhamtari. After issue of summons of the application to the respondent tenant, within 15 days ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not. On bona fide requirement, the petitioner, in her cross-examination, stated that she has sold one shop prior to the institution of the proceedings, to her tenant who was running a Grocery Shop in the name of 'Jhulelal Stores'. She also stated that during the pendency of the applications a Gali (Strip) adjacent to the suit shop, a space of the area of 3 x 10 feet in a shope of shop, has been rented out to other tenant, as was not suitable for starting the business of scooter repair by her son, who is an expert mechanic who could not have carried on the work of repairs in that small room. The petitioner also examined her son on bona fide requirement, who stated that the suit shop is on the roadside and is reasonably suitable for s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... easonably suitable for starting the business of Scooter Motor Cycle repairing shop by her son. Chapter III-A of the Act contains special provisions for eviction for certain categories of landlords specified in Section 23-J of the Act, on the ground of bona fide requirement under Section 23-A of the Act, in respect of residential and non-residential accommodation. After grant of leave to contest the application for seeking eviction, the RCA -- ought to have raised the presumption under Section 23-D(3) of the Act of bona fide requirement with reference to Section 23-A(b) of the Act, as the respondent has not proved contrary, that presumption does not stand rebutted merely because the shop of small area situated in the area was let out by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f tenant on the ground of bona fide requirement of which Section 23-A makes a special provision for eviction of tenant on the ground of bona fide requirement in respect of residential and non-residential accommodation contained in Clauses (a) and (b) of Section 23-A of the Act, respectively. A landlord falling within any of the specified category in the definition of landlord in Section 23-J for the purpose of Chapter III-A can approach the RCA by an application for eviction in place of Civil Court for passing an order of eviction of the accommodation on bona fide requirement. A procedure for dealing with the application for eviction has been prescribed from Sections 23-C to 23-1 of the Act. The question-in the present revision is whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RCA decided the issue in affirmative and held that the petitioner is a widow of the specified category of Sub-clause (iii) of Section 23-J of the Act. 10. In the opinion of this Court on the evidence adduced by the petitioner, the petitioner cannot be held to be a 'widow' Ordinary dictionary meaning of the word 'widow' is a woman whose husband has died and who has not married again . (Oxford Large Print Dictionary, Third Edition, page 936). 11. According to 'Strouds Judicial Dictionary, Fifth Edition, Vol. 5, page 2853 --'Widow' means -- a widow is a woman who has survived a man to whom she was lawfully married and who was his wife at the time of his death. A woman surviving a man with whom she has g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion in Section 29 of the Hindu Marriage Act, 1955 lays down that nothing contained in the Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu Marriage, whether solemnized before or after the commencement of the Act. However, the petitioner has not claimed the eviction as a divorced wife by custom nor the RCA raised an issue to that effect nor the parties led evidence, except the causal statement of the petitioner of Chod Chutti. 15. In the circumstances of the ease, it would be proper, without going into the question of bona fide requirement, to remit the case to the RCA for deciding the case on the right and entitlement of the petitioner under Section 23 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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