RAJESWAR PRASAD Vs. DURGA BAI

JUDGEMENT

(1.) This case is being posted for being mentioned as per court order and on perusing the order dated 28-6-1989 in C R P No. 3743/88 the court made the following ORDER:-

(2.) The landlord filed an application for eviction The Rent Controller passed an exparte order for eviction. Possession was also delivered to the land. lord. At that stage, the tenant filed an application to set aside the exparte order, that has been passed against him. While setting aside exparte petition is pending before the Rent Controller, the landlord filed an application under section 11 of the Rent Control Act for depositing of arrears of rent till the date of possession. Section 11 of the Act is mandatory. Filing of an application to set aside the exparte order means the matter is pending before this court. The reasonable order that could be passed by this court under these circumstances is to direct the parties to deposit the arrears of rent. Under those circumstances, denying the title become the order of the day to circumvent the provision under Section11 of the Act, the court should not encourage untenable pleas particularly when the landlord and tenant relationship has been admitted and it is the duty of the Rent Controller to see that the statutory provision under Section 11 of the Act which is mandatory in nature has been implemented, The courts are bound to implement the same. In case where exparte decrees are to be set aside the Rent Controller is the competent authority to pass the suitable orders about deposit of the rent. The tenant is directed to deposit the arrears of rent within one month from today. The lower court directed to dispose off the application pending before it, that is, setting aside exparte order, within one month from the date of deposit. The landlord should not withdraw the same till the disposal of the application filed by the tenant to set aside the exparte order.

(3.) With these directions, the Civil Petition disposed of. No costs.