YASHWANT SANWARIA Vs. POONAMCHAND AGRAWAL

JUDGEMENT

(1.) The Petitioners/Plaintiffs are challenging the validity of order dated 14-11-2005 passed in Civil Suit No. 37-A/2005 by the IInd Civil Judge, Class II, Raigarh (Chhattisgarh).

(2.) By the impugned order, the learned Civil Judge has allowed an application (I.A. No. 6) filed under Section 13(1) of the M.P. (C.G.) Accommodation Control Act, 1961 (hereinafter referred to as the 'Act'), and simultaneously rejected an application (I.A. No. 5) filed under Section 13(6) of the Act.

(3.) In a suit for eviction under Section 12 of the Act, 1961, the Respondent made a default in payment of monthly rent as directed by the Court. Therefore, the Respondent filed an application under Section 13(1) of the Act praying for the condonation of delay of 8 days in making the said deposit. At the same time, the Petitioners filed an application under Section 13(6) of the Act for striking out the defence of the Respondent on account of his failure to deposit the monthly rent in time.