HRIDESH ALIAS JITU Vs. RAJENDRA KUMAR AGRAWAL

JUDGEMENT

(1.) The present petition under Sec. 227 of Constitution of India has been filed by the petitioner against the order dtd. 10/11/2022 passed by 3rd Civil Judge, Junior Division, Gwalior in RCSA 249/2017, whereby, while hearing an application under Order XXIII Rule 1 of CPC for returning back of the counter suit preferred by the present petitioner /defendant filed under the provisions of M.P. Accommodation Control Act i.e. Sec. 12 (1)(a) and 12(1) (f) it was rejected holding that since on earlier occasion while deciding the application under Order VII Rule 11 of CPC, this Court in Civil revision No. 504 of 2018 vide order dtd. 07/08/2019 has held the counter suit/claim to be maintainable under Sec. 12(1) (f), therefore, the present application for withdrawal of the suit alleging the same in derogation of Sec. 12 (4) of M.P. Accommodation Control Act is not maintainable.

(2.) Short facts of the case are that suit for declaration and permanent injunction against present petitioner and erstwhile owner of the property, in which, a counter suit under Sec. 12(1) (a) & 12(1) (f) of M.P. Accommodation Control Act was moved by the present petitioner seeking eviction of respondent No. 1/tenant on the ground of arrears of rent and bonafide requirement.

(3.) Against the said counter claim, earlier an application under Order VII Rule 11 of CPC was preferred by respondent No. 1/tenant which was rejected vide order dtd. 18/07/2018 which was challenged before this Court in Civil Revision No. 504/2018, wherein, vide order dtd. 07/08/2019 order passed by the trial court was held to be proper and while dismissing the revision, this Court observed that the counter suit for eviction on the ground of bonafide requirement. was very much maintainable and the said findings was challenged by the respondent after considering the provisions of Sec. 12(4) of M.P. Accommodation Control Act.