BRIJESH KUMAR SHARMA Vs. MOHANLAL GOYAL

JUDGEMENT

(1.) AN incorrigible defaulter -tenant is the appellant who must witness dismissal of his appeal because of his obstinate attitude. He is faced with a decree for ejectment grounded on clauses (c), (d) and (k) of sub -section (1) of Section 12 of the M. P. Accommodation Control Act, 1961, (hereinafter the 'Act', for short), but he has not learnt any lesson.

(2.) VIDE order dated 5 -3 -90 this Court admitted the appeal for hearing parties on a singular question of law:

(3.) BEFORE the trial Court it was alleged that the defendant/appellant was in arrears of rent w.e.f. 1 -1 -1982. The plea taken in the written statement was that the arrears had been cleared upto the month of January 1986. There was thus a dispute raised within the meaning of Section 13 of the Act before the trial Court. That dispute was not resolved. The plaintiff/landlord had applied for the defense against eviction being struck off before the trial Court but that prayer was rejected by the trial Court vide order dated 27 -4 -87.