OMPRAKASH LAKHERA Vs. ANITA CHAKRAWORTHY

JUDGEMENT

(1.) THIS petition under section 115, CPC is directed against the order dated 5.2.2000 passed by the learned Ilnd Additional District Judge, Bhopal in Civil Suit No. 88/98 partly rejecting the application under section 13(2) of the M.P. Accomodation Control Act (for short the "Act").

(2.) IN an eviction suit instituted by the petitioner -plaintiff against the respondents -defendants, the petitioner -plaintiff filed an application under section 13(2) of the Act praying that the respondents -defendants have neither paid nor deposited the whole of the arrears of rent legally recoverable from them within the stipulated period and therefore they be directed to deposit the same.

(3.) THE learned Judge of the trial Court, though directed the respondents -defendants to pay the rent from 1.5.1997 but by the impugned order dated 5.2.2000, rejected the prayer of the petitioner -plaintiff regarding the payment of the amount of rent w.e.f. 1.5.1995 on the ground that it was disputed. Being aggrieved by the impugned order, the present petition has been preferred by the petitioner. Shri Ashok Lalwani, learned counsel for the respondents -defendants fairly conceded that the petitioner -plaintiff is entitled to get the rent w.e.f. 1.5.1995. Since Shri Lalwani, learned counsel for the respondents -defendants has conceded and that too rightly, the impugned order is quashed. The application filed by the petitioner -plaintiff under section 13(2) of the Act stands allowed. It is directed that the respondents -defendants shall deposit the entire arrears of rent w.e.f. 1.10.1995 till 30.4.1997 within a period of one month from today. C.C. be given as per rules.