NAGARDAS Vs. DEOBAI

JUDGEMENT

(1.) THESE two proceedings one an appeal and the other a revision petition arise out of two suits for ejectment and arrears of rent and involve the same question although they are between different parties.

(2.) IN both these cases the trial judge on an application from the plaintiff landlord passed an order under Section 5(1) of the Madhya Pradesh Accommodation Control Act requiring the tenant defendant to deposit the contractual rent from the date of filing of the suit onwards within the period specified in the order, The defendant in each of these case failed to make the deposit. Thereupon the trial Court passed an order in either of the suits terminating defendant -tenant's right to defend the suit. The trial Court thereafter heard the plaintiff's evidence and passed a decree in his favour.

(3.) IN both these proceedings the counsel for the appellant and applicant raised the same question namely that the provision contained in Section 5 (2) of the Madhya Pradesh Accommodation Control Act which brings about the termination of tenant's right to defend the suit altogether not only with reference to the defences open to him under the special law namely Madhya Pradesh Accommodation Control Act, but also with reference to those open to him under the general law is ultra vires the powers of the State Legislature since it has the effect of contravening fundamental right of the petitioner guaranteed under Article 19 (1) (i) of the Constitution.