RAJKUMARI Vs. SUSHEELA DEVI

JUDGEMENT

(1.) THE respondent herein filed a suit against the revision petitioner seeking decree for eviction and arrears of rent on the allegations that petitioner had obtained the suit residential house on rent note dated 12.4.1989 agreeing to pay monthly rent of Rs. 500/ - and rent has been kept in arrears since April 1989 and that the respondent needs the accommodation for the residence of herself and her family. Petitioner filed written statement contending that she is the owner of the house and on account of necessity she desired to mortgage the house in favour of the respondent and actually a sale deed was executed and on the same day an agreement to sell the house back to the petitioner was also executed. These two documents were executed on the same day. The transactions of sale and agreement constituted really a mortgage and rent note has been obtained for collecting the amount due towards interest on the mortgage. Thus, she purported to deny the existence of landlord -tenant relationship and also denied liability to pay rent.

(2.) DURING the pendency of the suit, the petitioner did not deposit any part of arrears of rent or the current rent. The respondent thereupon filed an application under section 13 (6) of the M.P. Accommodation Control Act, 1961 praying that the defence may be struck off. This application was opposed on the ground that the existence of landlord -tenant relationship is in dispute and unless that is decided she need not deposit the rent. The trial Court overruled this contention and directed her to make deposit indicating that on failure to deposit the rent the defence will be struck off. This order is now challenged.