RAMESH Vs. SMT. RAMSHRI

JUDGEMENT

(1.) BEING aggrieved by the order dated 17.5.2006 passed by X Additional District Judge, Indore in Civil Suit No. 16-A/2005 whereby the learned Court decided the provisional rent @ Rs. 2,500/- per month and directed the petitioner to deposit the rent w.e.f. three years prior to filing of the suit, the present petition has been filed.

(2.) SHORT facts of the case are that respondent filed a suit for eviction against the petitioner on 12.1.2005 on the ground under section 12(1) (A) of the M.P. Accommodation Control Act, 1961 which shall be referred hereinafter as "Act") alleging that the petitioner is tenant in the suit accommodation on rent @ Rs. 2,500/- per month and is in arrears of rent with effect from 5.6.1997 which has not been paid inspite of receipt of demand notice dated 6.11.2004. The suit was contested by the petitioner by filing written statement in which the rate of rent and amount of arrears were disputed. It is alleged that petitioner is tenant on payment of rent @ Rs. 700/- per month and rent has been paid to the respondent till 31st of May, 2004. After holding summary inquiry by the impugned order learned trial Court directed the petitioner to pay the arrears of rent @ Rs. 2,500/- per month from the date of the suit and also directed that rent deposited by the petitioner shall not be disbursed to the respondent.

(3.) SHRI A.K. Sethi, learned counsel for the petitioner placed reliance on a decision of this Court in the matter of Jyotiraditya Scindia v. Smt. Vijayaraje Scindia [2006 (I) MPLJ 501 ], wherein this Court observed that,