SAKINA BI Vs. SHAMBHOO BAI

JUDGEMENT

(1.) This second appeal is at the instance of the defendant -tenant against whom the decree for eviction from the suit premises has been passed by the lower appellate Court.

(2.) THE claim of the plaintiff -landlord for eviction of the defendant tenant has been decreed by the lower appellate Court on the ground under section 12(1)(a) of M. P. Accomodation Control Act, 1961 by denying protection under section 12(3) because according to the lower appellate Court one of the monthly deposits of amount equal to the amount of monthly rent during the pendency of the suit before the trial Court was made on 16 -2 -70 instead of 15 -2 -70. It was not disputed that on 14th February and 15th February, 1970, the Courts were closed the dates being gazetted holidays, and 16 -2 -70 was the opening day. It was also not disputed that the deposit was made on 16 -2 -70. The lower appellate Court was of the view that the deposit on the opening day could not be treated as regular and even if 15th February, the last day prescribed for payment, was holiday, the defendant -tenant should have paid the amount directly to the plaintiffs -landlords or should have taken care to deposit the same on 12th or 13th, which were working days. The lower appellate Court, therefore, declined to give benefit of section 7 of the M. P. General Clauses Act and accordingly held that due to the aforesaid default, the defendant was not liable to protection against eviction as provided for in sub -section (3) of section 12 of the Act.

(3.) FOR the reasons stated above, the defendant -tenant was entitled to the protection given under sub -section (3) of section 12 of the Act and accordingly no decree for eviction could be passed against him on the ground envisaged in section 12(1)(a) of the same.