SUBHASH CHATURVEDI Vs. HUKUM CHANDRA AGARWAL

JUDGEMENT

(1.) THE tenant has come up in appeal aggrieved by the judgments and decrees of the Courts below decreeing a suit for ejectment and recovery of arrears of rent based on the ground available under Section 12(1)(a) of the M. P. Accommodation Control Act, 1961.

(2.) THE Plaintiff alleged the Defendant to be his tenant on a monthly rent of Rs. 115/ - and in arrears w.e.f. 1 -5 -1975 which were not cleared inspite of service of demand -cum -quit notice. The Defendant does not dispute the receipt of the notice. He has contested the case on the ground that not he but his brother Ashok Kumar was a tenant of the Plaintiff who having not been joined as a party to the suit, the suit was not maintainable. The trial Court has found all the material averments made in the plaint proved and the pleas taken in written statement not proved. All the findings have been confirmed by the lower appellate Court. Vide order dated 6 -8 -80, this Court admitted the appeal for hearing on the following substantial question of law:

(3.) IT is submitted by the learned Counsel for the Appellant that there were disputes raised within the meaning of Sub -sections (2) and (3) of Section 13 of the Act and those having not been resolved by an interim direction issued by the trial Court, the tenant/Defendant did not incur any obligation to deposit the alleged arrears and the rent falling due pendente lite, the whole of the operation of Section 13 of the Act was arrested as is the law laid down by this Court in Chhogalal v. Bhagwan Shri Satyanarain : 1975 JLJ 779., and consequently, the suit for ejectment could not have been decreed. It is not disputed that the trial Court did not make a provisional order under Section 13 of the Act.