BRIJ MOHAN Vs. SUKHIA BAI

JUDGEMENT

(1.) UNDER this revision, the impugned order passed by the learned R.C.A. thereby directing the petitioner to deposit the due rent at the rate of Rs. 130/ - p.m. from the date of filing of the application upto date within a period of 15 days and on his failure, his defence shall stand struck out under section 13 (6) of the M.P.A.C. Act, 1961, is challenged.

(2.) IN this petition, the petitioner -tenant contends that he has incurred Rs. 2,451/ - in the water -line fittings and Rs. 1,793.42 on the electrical fittings and that amounts have not been adjusted towards the rent. The petitioner contends that he is legally entitled to get the amount incurred by him on water line and electric line fittings adjusted towards the rent and he cannot be taken to be a defaulter. As such, his defence could not be ordered to be struck out on his failure to deposit the due rent.

(3.) THE other prayer made by Shri Sharma that the due amount of rent may be directed to be deposited in instalments, cannot be considered by this Court for the first time. The petitioner ought to have made such a prayer before the learned Rent Controlling Authority.