OMPRAKASH JAIN Vs. SHYAMLAL VYAS

JUDGEMENT

(1.) QUESTIONING the legality, validity and correctness of the order dated 19.3.2010, this petition under Article 227 of the Constitution is filed by the petitioners/tenants. Earlier the trial court by order dated 23.11.2006 allowed the application under section 13(6) of the M.P. Accommodation Control Act (for brevity, the "Act") filed by the plaintiff and struck off the defence of the tenants. Against this order, the tenants filed Writ Petition No.153/2007 before this Court, which was decided on 28.3.2007 (Annexure P-7). This Court after hearing the parties opined that the defendants have raised objections to the effect that the plaintiff is not the landlord and that they have deposited the rent and, therefore, these objections were required to be decided by the trial court. Striking off the defence without deciding these objections was held to be improper and, accordingly, the said writ petition was allowed. The impugned order therein was quashed and the matter was remitted back to the trial court to decide the application under section 13(6) of the Act filed by the plaintiff with a further direction to hear the parties, give opportunity to file proper reply and documents and then decide it in accordance with law. In turn, the trial court heard the matter again on the application under section 13(6) of the Act, filed by the plaintiff, and the objections of the defendants/petitioners under section 13(3) of the Act.

(2.) BRIEF facts necessary for adjudication as narrated by petitioners are as under:-