PARAMJEET KAUR BAMBA Vs. JASBIR KAUR WADHWA

JUDGEMENT

(1.) THIS revision is referred to the Larger Bench by learned Single judge by order dated 11-11-2006 to determine the following question:-

(2.) QUESTION involved in this case is that after grant of leave whether defendant can be permitted to file written statement or application for grant of leave supported by the affidavit is sufficient and no further opportunity to file written statement should be granted ?

(3.) SHRI Rajendra Tiwari, Senior Advocate, appearing for the petitioner submitted that under Chapter III- A of the M. P. Accommodation control Act, 1961, (hereinafter referred to as 'the Act') there is no provision for filing of written statement. He submitted that once leave is granted under section 23-C of the Act then Rent Controlling Authority is required to proceed under the provisions of Section 23-D of the Act. Section 23-D of the Act lays down that the Rent Controlling Authority shall proceed to decide the application within six months from the date of grant of leave. Learned Counsel for the petitioner, therefore, submitted that there is no provision for filing the written statement. Tenant can defend on the grounds on which leave to defend is granted. Tenant has no right to take any other ground other than the grounds on which leave to defend is allowed. He submitted that intention of legislature will be frustrated if time to file written statement is granted. He submitted that special provision for eviction of tenant for specified categories of landlord is defined in Section 23-J of the Act for their bonafide need. If opportunity to file written statement under the Code of Civil Procedure (hereinafter referred to as 'the Code') is given to the tenant after leave to defend is allowed then entire purpose of enactment shall be frustrated.