MAHESH VERMA Vs. SURESH

JUDGEMENT

(1.) THIS petition by petitioner/tenant is directed against the order dated 11/9/2012 passed by Fourth Civil Judge, Class -I, Gwalior in Civil Suit No. 39 -A/2011. By the aforesaid order, petitioner's application under Section 13(2) of the M.P. Accommodation Control Act, 1961 (in short the Act of 1961) has been rejected and application filed by respondent/landlord under Section 13(6) of the Act of 1961 has been allowed to the effect that if the petitioner does not deposit the entire arrears of rent due from 1/12/2007 his defence shall be struck off.

(2.) THE facts necessary for disposal of this petition are to the effect that suit for eviction, arrears of rent and for possession has been filed by respondent/landlord against the petitioner/tenant seeking eviction of a shop admeasuring 10 X 10 ft. of respondent's husband's ownership situated at Sabd Pratap Ashram, Gwalior on the premise that by virtue of rent agreement dated 1/3/2006 tenancy in respect of the suit shop was created and petitioner/defendant was put in possession thereof as a tenant on monthly rent of Rs. 1,000/ - excluding the electric charges. The rent agreement was signed by respondent/landlord as well as petitioner/tenant on stamp paper.

(3.) DURING pendency of the eviction proceedings respondent/plaintiff filed an application under Section 13(6) of the Act of 1961 contending that the defendant is in arrears of rent w.e.f. 1/12/2007 at the rate of Rs. 1,000/ - per month. Despite having entered appearance in the pending suit defendant/petitioner has not deposited arrears of rent as required under Section 13(1) of the Act of 1961, therefore, defence of defendant/petitioner be struck off.