KAILASH CHAND Vs. SONU

JUDGEMENT

(1.) In this petition filed under Article 227 of the Constitution, this Court is concerned with the validity of order dated 27.08.2013 whereby the application of the petitioner / plaintiff under Section 13(2) of M.P. Accommodation Control Act, 1961 ( for brevity "the Act") is rejected.

(2.) A suit for eviction and recovery of rent was filed by the petitioner / plaintiff. During the pendency of suit, petitioner preferred the said application under Section 13(2) of the Act (Annexure P/4). This application was preferred on 10.07.2013. The respondent / defendant filed his reply Annexure P/5 on 24.07.2013. The Court below rejected the said application on the ground that application is preferred at the stage of evidence. The Issue No.1 is framed regarding rate of rent. The Court below treated it to be an application related with the rate of rent and therefore, opined that this aspect cannot be decided at the stage of filing application under Section 13(2) of the Act and it will be decided after recording evidence of the parties.

(3.) Shri S.N.Seth, Advocate for the petitioner, criticize the order and submits that the Court below has erred in holding that the application only relates with rate of rent, whereas it involves amount of rent as well. Thus, Court below has erred in not exercising the power under Section 13(2) of the Act. He relied on Full Bench judgment of this Court ( Chhoglal Jankilal Vs. Idol of Bhagwan Shri Satyanarayan Through Pujari Kamaldas Guru, Narayandas Bairagi, 1975 MPLJ 657).