PRITHVIPAL GHAI Vs. RAJKUMARI DHINGRA

JUDGEMENT

(1.) WITH the consent of parties, matter is finally heard.

(2.) THIS petition is filed by the petitioner/tenant against the order dated 14.3.2014 passed in Civil Suit No. 21 -A/2014, whereby the application of respondent, preferred under Section 13(6) of the M.P. Accommodation Control Act, 1961 (for brevity, the "Act") is allowed by the court below and the petitioner is directed to deposit the rent money for the period from January, 2010 to December, 2013 @ Rs. 1500/ - per month in the Court within 15 days.

(3.) SHRI Budholiya, learned counsel for the petitioner, submits that a bare perusal of application, Annexure P/4, filed under Section 13(6) of the Act shows that the plaintiff has stated that from the date of institution of civil suit, no rent has been deposited and, therefore, the right of defence of the petitioner be struck of. He submits that as per this application, the rent was payable from 31.7.2012, the date of institution of suit, whereas the court has committed an error in granting it from January, 2010. In addition, he submits that Annexure P/7 itself shows that the genuineness of the will is yet to be established. He submits that unless evidence is recorded and a finding is given, the plaintiff has no right. In support of his contentions, he relied on : (2000) 4 SCC 380 (Jamnalal and others vs. Radheshyam).