CHHAVIRAM JAIN Vs. BHANA @ BHANUPRATAP SINGH

JUDGEMENT

(1.) This petition under Article 227 of the Constitution is filed by the petitioner/plaintiff, who preferred a suit for eviction and recovery of rent. In the said suit, the tenant/defendant preferred an application under Section 13(2) of M.P.Accommodation Control Act. The contention of the tenant was that the plaintiff claimed that rent from 15.2.2005 @ Rs.500/- is due to him, which is factually incorrect. The defendant is required to pay rent @ Rs.200/- per month only. He submitted certain receipts to support the said contention. It is further stated that the plaintiff/petitioner has erroneously claimed that Rs.500/- per month is the rent and therefore, it is prayed that provisional/interim rent be fixed.

(2.) The petitioner, on the other hand, stated that various receipts filed by him show that the defendant had paid rent @ Rs.500/- per month and, therefore, it is clear that he is making wrong statement.

(3.) The court below opined that there is a settlement between the parties which shows that Rs.200/- per month was the rent fixed between them and, therefore, this rent was treated as provisional rent.