CHHOTELAL Vs. DADU

JUDGEMENT

(1.) THIS revision arises out of a suit filed by the opponent against the -applicant for ejectment and arrears of rent. The defence is that the defendant 'is not a tenant and has been living in the premises on his own rights for a number of years. The defendant did not deposit rent as required under section 13 (1) of the M. P. Accommodation Control Act of 1961. His defence there -fore has been struck off by the Court under sub -section 6 of section 13. Against the order of striking out the defence, this revision has been filed by the defendant Ghote1al.

(2.) SECTION 13 (1) of the Act is reproduced below: -

(3.) THE applicant has not challenged the existence of the conditions of number 1 and 3. His contention is that he is not his tenant and section 13 (1) can be made applicable only when the suit is filed against a tenant.