Dadan Bai WD/O Bhagchand Sindhi v. Arjundas

Leave granted. Heard counsel for the parties. The eviction petition filed by the landlady-lessor was dismissed by the High Court as she was not the owner H 109 110 SUPREME COURT REPORTS (1995] 3 S.C.R. A since even on her own admission the premises belonged to the Municipal Corporation. The word 'owner' used in Section 23-A(b) of M.P. Accom­ modation Control Act has in our opinion been construed narrowly. A lessor whose-title cannot be disputed by the lessee undoubtedly is owner at whose instance the proceedings for eviction were maintainable. There- B fore, the High Court was not justified in setting aside the decree passed in favour of the landlord on the ground that since the premises belonged to Municipal Corporation, therefore, the proceedings were not maintainable. The order of the High Court is accordingly set aside. The matter remitted back to the High Court to decide the same afresh in accordance C with law and on merits as expeditiously as possible. The appeal is disposed of. T.N.A. Appeal disposed of. - ,.. __