GOPAL Vs. LALITA BAI

JUDGEMENT

(1.) Being aggrieved by the order dated 19.1.2011 passed by Civil Judge Class-I, Biora in civil suit No. 1-A/06 whereby the petitioner has been directed to pay interim rert @ Rs. 500-500/- totalling Rs. 1,000/-, the present petition has been filed.

(2.) Short facts of the case are that respondent filed a suit for eviction against the petitioner alleging that petitioner is in occupation of two shops @ Rs. 500/- each and is in arrears of rent. It was alleged that rent is not paid inspite of notice of demand, therefore decree of eviction be passed under section 12 (1) (a) of the M.P. Accommodation Control Act. Decree was also prayed under section 12 (1) (d) and (f) of the Act. The suit was contested by the petitioner by filing the written statement wherein it was not disputed that petitioner is tenant in the suit accommodation, however it was alleged that in one shop the petitioner is tenant @ Rs. 100/- w.e.f. 1984 and in another shop petitioner is tenant @ Rs. 150/- w.e.f. 1989. It is submitted that earlier also there was a litigation between the parties in which all the facts were stated. It was prayed that interim rent be detemined @ Rs. 100/- and Rs. 150/- per month. After holding a summary enquiry by the impugned order learned Court below determined the rent @ Rs. 500/- per month for each of the shop and directed the petitioner to deposit accordingly, the present petition has been filed.

(3.) Till then, the impugned order shall remain in abeyance.