MAHENDRA SONI Vs. MAHENDRA SINGH CHAUHAN

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution challenges the order dated 10.12.2014, whereby the Court below has allowed the application of respondent / plaintiff preferred under Section 13(6) of M.P. Accommodation Control Act, 1961 (the Act).

(2.) THE plaintiff filed the instant civil suit No. 49A/2014 for eviction, restoration of possession and recovery of rent. During the pendency of said suit, the plaintiff filed an application under Section 13(6) of the Act (Annexure P/3). In the said application, the plaintiff pleaded that he preferred an application before the Rent Controlling Authority ( RCA). The said authority by order dated 07.06.2014 gave a finding that the present petitioner is tenant of respondent / plaintiff. It is further pleaded that the defendant has not deposited the rent as per the requirement of the Act. The tenant / defendant is required to pay rent at the rate of Rs. 600/ - per month. Present petitioner / defendant filed reply Annexure P/4. In para 6 of the reply, he admitted that rent of the accommodation in question was Rs. 600/ - per month. However, it is pleaded that in absence of petitioner, plaintiff unilaterally had taken possession of two rooms and therefore, petitioner is not required to pay Rs. 600/ - as rent. At best, he may be required to pay Rs. 200/ - per month. The Court below heard the parties on the said application.

(3.) SHRI J.P. Saxena, learned counsel for the petitioner, submits that the Court below should have fixed the provisional rent. In absence of fixing provisional rent, the order of court below runs contrary to the mandate of the Act. He submits that court below was not justified in accepting the contention of the plaintiff. He relied on judgment of this court in (Shanti Bai Wd/o Prem Chand Surana and Ors Vs. Sajjanmal Mukunmal), 1998 2 MPLJ 290).