BACHCHOOBHAI Vs. PREMANAND BHIOGADHE

JUDGEMENT

(1.) Premanand (respondent) has instituted a suit against Bachchoobhai (revision-petitioner) for eviction under Section 12 of the M. P. Accommodation Control Act, 1961, (hereinafter called 'the Act'). Under Section 13 (1) of the Act, the tenant was required to deposit rent on the dates specified therein. He did not deposit rent within one month of the service of the writ of summons on him as required by the first part of Section 13 (1), Further, he did not regularly comply with the second part of Section 13 (J), He did not apply for extension of time. He did not raise any dispute within the meaning of Section 13 (2) within that one month. He was served with the writ of summons on July, 1, 1973. 11 was only in the written statement, which he filed on January 7, 1974, that he raised a dispute about the amount, of arrears of rent due by him.

(2.) According to the plaintiff, the following sums were due by the defendant:-- Rs. 1626/- as rent from 12-9-67 to 11-3-72 at Rs. 37 per month. Rs. 550/ as damages from 12-3-72 to the date of the suit at Rs. 50/- per month. In the written statement, the following payments were alleged: - 28-7-1971 Rent from June to November 1970. Rs. 222A; .10-1.0-1971 Rent for December 1970 and January 71 Rs. 74/- by M. O. 18-11-1971 Rent for February and March 1971. Rs. 74/- by M. O. 17-1-72 Rent for April and May 1971 Rs. 74 by M. O. It is further alleged in the written statement that on February 16, 1972, the defendant remitted Rs. 74/- by money order as rent for June and July 1971, but the plaintiff refused to accept it.

(3.) Then, during the pendency of the suit, it was on March 2, 1974. that the tenant deposited Rs. 898/- calculated as follows;-- Rs. 1184/- as rent from June 1971 to February 1974, less Rs. 286/- incurred or, repairs.