ARUN KUMAR Vs. KRISHNA GOPAL SHARMA

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution challenge is made to the order dated 13-8-2004 passed by the Court of Civil Judge, Class-II, Dabra, in Suit No. 62-A/2002 directing the petitioner/tenant to deposit rent @ Rs. 150/- (Rupees One hundred and fifty only) per month w. e. f. the year 1991 and to further deposit rent every month during the pendency of the proceedings.

(2.) RESPONDENT filed a suit seeking eviction and possession. Petitioner has filed the written statement however a dispute was raised with regard to rate of rent and an application under Section 13 (2) of the M. P. Accommodation Control Act was filed by the petitioner. The order impugned is passed on this application. Petitioner has challenged the impugned order to the extent it directs for deposit of rent beyond the period of limitation prescribed under the statute, i. e. , three years.

(3.) IT is the case of the petitioner that suit was filed in the year 2002 and therefore only arrears of rent for a period of three years prior to said date could be directed to be deposited and direction given to deposit the entire rent from 1991 is unsustainable. It has been argued by Shri Sharma, learned Counsel that the said direction is contrary to the provisions of Limitation Act which clearly prescribes that rent beyond three years can not be recovered by filing a suit. Inviting my attention to Full Bench judgment of this Court in the case of Mankunwarbai and Ors. v. Sunderlal Rambharosa Jain, 1978 MPLJ 405, so also judgment of the Supreme Court in the case of Bhimsen Gupta v. Bishwanalh Prasad Gupta, , AIR2004 SC 1770 , (SCSuppl )2004 (2 )CHN20 , [2004 (2 )JCR106 (SC )], JT2004 (2 )SC 309 , (2004 )2 MLJ160 (SC ), 2004 (2 )SCALE394 , (2004 )4 SCC95 Shri Sharma argued that direction given to the petitioner to deposit rent beyond the period of three years is unsustainable.