RAM BABU AGARWAL Vs. JAY KISHAN DAS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This Appeal has been filed against the impugned judgment of the High Court of Madhya Pradesh dated 23.8.2002 passed in First appeal No. 224 of 1997.

(3.) Shri S.K.Jain, learned counsel for the appellant submitted that even if the tenant has paid the rent up to the proceedings in the High Court, if he has committed default in payment of rent after the judgment of the High Court and during the pendency of the special leave petition/appeal under Article 136 of the Constitution of India before this Court, the provisions of Section 13(6) of the Madhya Pradesh Accommodation Control Act, 1961 (for short 'the Act') will apply and the defence of the tenant will have to be struck off. We do not agree. In our opinion, the provisions of section 13(6) of the Act will apply only to the statutory appeals under the Act and not to the constitutional remedy under Article 136 of the Constitution.