ISHAK MOHAMMAD Vs. MOHAMMAD TAHIR KHAN

JUDGEMENT

(1.) THIS revision by the defendants is against the order dated 24 -8 -1979, whereby on an application under section 13(6) of the M. P Accommodation Control Act, 1961 (hereinafter referred to as the Act), instead of striking out the right of defense the trial Court has directed them to deposit rent.

(2.) THE facts essential for the decision of this revision are as under : The plaintiff non -applicant No. 1 - -Mohammad Tahirkhan has brought a suit for ejectment against the defendant -non -applicant No. 2 - -Shantabai alleging that she is a tenant in the suit premises and that the defendant -applicants herein entered into the suit premises by breaking open the lock initially but were accepted as sub -tenants by the defendant -non -applicant No. 2 - - Shantabai. In the suit the defendant -non -applicant No. 2 - -Shantabai is exports. The plaintiff -non -applicant No. 1 - -submitted an application under S. 13(6) of the Act praying that the right of defense against eviction of the defendants should be struck out on account of failure to comply with section 13(1) of the Act. This application was opposed by the defendant -applicants on the ground that they are not under a statutory obligation to deposit the rent and that the Court has no jurisdiction to strike out their defense against eviction under the Act. By the impugned order the trial Court has instead of striking out the right of the defendant -applicants has directed them to deposit rent within the specified period. It is against this order that the present revision has been filed.

(3.) , Shri D. P. Vohra, learned counsel for the plaintiff - non -applicant No. 1 argued in support of the impugned order and contended that a subtenant is included in the definition of the word 'tenant' as given in section 2(i) of the Act and this definition has to be read into section 13 of the Act also Therefore, the impugned order is intra Vires. None appeared for non -applicant No. 2. Having heard the learned counsel for the parties I have come to the conclusion that this revision deserves to be allowed.