Whether a widow can maintain a suit for eviction u/s 23 A (b) of M.P. Accommodation Control Act for her major sons?
Yes, a widow can generally maintain a suit for eviction under Section 23A(b) of the Madhya Pradesh Accommodation Control Act, 1961, for the bona fide requirement of her major sons.
Section 23A of the Act provides special provisions for certain categories of landlords, including widows, disabled persons, retired employees, and members of the armed forces, to recover possession of their accommodation. The intent behind this section is to provide a more expeditious remedy to these vulnerable or specific classes of landlords who may have an urgent and genuine need for their property.
Specifically, Section 23A(b) allows a landlord who is a widow to recover possession of any accommodation if she requires it for the purpose of her own residence or for the residence of any member of her family. The term 'family' in this context is usually interpreted broadly to include dependent or even independent major sons, especially if they are living with her or are dependent on her for accommodation, or if the accommodation is required for their establishment or settlement. Courts generally recognize that a mother's requirement for her major sons' residence or business can be considered her own bona fide requirement, as the well-being and housing of her children are intrinsically linked to her own family needs.
Therefore, if a widow genuinely requires the accommodation for the residence of her major sons, and she satisfies the other conditions of the section (such as not having other reasonably suitable accommodation), she can initiate and maintain a suit for eviction under Section 23A(b).