SURAJDEEN GUPTA Vs. MUKHCHAND JAYASWAL

JUDGEMENT

(1.) Heard. Instant petition is against the order dated 18/11/2016 whereby the defence of the petitioner/tenant has been struck off in exercise of power under section 13 (6) of the C.G. Accommodation Control Act, 1961.

(2.) Learned counsel for the petitioner would submit that the petitioner has deposited the entire rent within time and when request was made before the court that report may be called from the Nazir same was not called for but instead at one go order has been passed. It is further contened that striking out of such defence in case like nature will take away right of the petitioner though rent has been deposited in compliance of Section 13(1) of the C.G. Accomodation Control Act, 1961. He further submits that the rent which is been deposited are available in the register of the Nazir of which the petitioner/tenant is not in possession. Learned counsel refers to (1995) 1 SCC 356 in between Kamla Devi (Smt.) Vs. Vasdev and would submit that powers to strike out defence cannot be exercised mechanically and delay in depositing rent can always be condoned.

(3.) Per contra, learned counsel for the respondent vehemently opposes the same and would submit that documents filed by the petitioner/defendant itself will demonstrate the fact that there was no compliance of Section 13(1) of the C.G. Accommodation Control Act, 1961 and also submit that as per Section 12 (3) of the C.G. Accommodation Control Act, 1961 documents will show that for three consecutive months default was made and thereby same cannot be condoned. Reference was made to 2003(2) C.G.L.J. 23 in between Imdad Ali Vs. Keshav Chand & Others.