VISHAN CHAND JAIN Vs. MAHENDRA KUMAR MANGAL

JUDGEMENT

(1.) BY this writ petition under Article 227 of the Constitution of India petitioner has approached this Court challenging the legality, validity and propriety of the order dated 15.12.2009 passed by the trial Court.

(2.) BY the impugned order, the trial Court has addressed upon the question of law as regards scope, extent and limit of the right of cross -examination of defendant in a landlord -tenant suit after his defence has been struck off under section 13(6) of the M. P. Accommodation Control Act 1961 (hereinafter referred to as the 'Act of 1961 ') for non -compliance of provisions as contained in section 13(1) of the Act of 1961. The trial Court has held that the defendants are not entitled to cross -examine plaintiffs or their witnesses in the context of grounds of eviction enumerated Under section 12(1) of the Act of 1961 and likewise they cannot raise a plea of defence in that behalf. Accordingly, the trial Court has held that the defendants have a limited right of cross -examination.

(3.) IN fact the law as regards right of cross -examination by defendants in the aforesaid facts and circumstances of the case has been settled by the Hon 'ble Supreme Court in Modulo India v. Kamakshya. Singh Deo [AIR 1989 SC 162), wherein the Hon 'ble Supreme Court in the context of West Bengal Tenancy Act has held as under