RAM KUMAR Vs. SARTI DEVI

JUDGEMENT

(1.) IN this revision, the, defendant is aggrieved by an order whereby his defence has been struck out under Section 13 (6) of the M. P. Accommodation Control act, 1961.

(2.) IT appears that the writ of summons was served on the defendant on november 11. 1973. Written statement was filed on July 16, 1974. In between these dates, time was taken or some other steps were resorted to. On september 20, 1974, the plaintiff applied for striking out the defence. On december 30, 1974, the defendant replied to the plaintiff's application and also prayed that provisional rent be fixed under Section 13 (2), as there was a dispute under Sub-sections (2) and (3) of Section 13 of the Act. According to the defendant, not the plaintiff but her husband is his landlord. Moreover, while the plaintiff claimed the monthly rent to be Rs. 100 according to the defendant, it was only Rs. 50.

(3.) BY his order dated February 17, 1975, the trial Court fixed provisional rent at rs. 100 and, at the same time, directed that the amount deposited shall not be withdrawn, unless the question as to whose tenant the defendant is, is determined in the suit. In the same order, the Court allowed the defendant time upto March 3, 1975, to deposit all arrears.