KUSUM @ SUMAN YADAV Vs. DULLI BAI

JUDGEMENT

(1.) IN an eviction suit filed by respondents/plaintiffs under the provisions of M.P. Accommodation Control Act, 1961 (hereinafter referred to as 'the Act'), "defence against eviction" was struck off by the trial Court under Section 13(6) of the Act. The trial Court although permitted defendants/petitioners for cross examination of plaintiffs' witnesses but denied the opportunity to lead evidence. Hence, this petition

(2.) SHRI R.K. Tiwari, learned counsel appearing for the petitioners would submit : petitioners have taken a specific defence in the case under general law that the respondents are not owners/landlords of the suit house. Specific issue has also been framed by the trial Court in this regard, therefore, the petitioners are within their right to prove their defence taken under general law and for that purpose they are entitled to lead evidence inspite of the fact that their defence has already been struck off by the trial Court under Section 13(6) of the Act.

(3.) THE core question arises for decision making in the instant case is whether in a suit for ejectment on any of the grounds stated in Section 12 of the Act, it is open to the defendant-tenant, whose 'defence against eviction' has been struck off by an order under sub Section 6 of Section 13, to raise other defences not falling under Section 12 against ejectment.