HARISHANKAR SHARMA Vs. SHRIKRISHAN DUBEY

JUDGEMENT

(1.) HEARD on admission.

(2.) THIS appeal is directed against the eviction of the appellant on account of default of payment of rent under section 12 (1) (a) of the M. P. Accommodation control Act, 1961 (for short 'the Act' ).

(3.) THE appellant took a disputed house on rent at the rate of Rs. 2300/- per month and executed rent note dated 1-10-1998 vide Ex. P/7. He failed to pay the rent from February, 1999 and therefore notice was issued vide Ex. P. 2 dated 8-6-1999 by registered post. The appellant failed to pay the arrears of rent within a period of two months. The respondent filed a suit for ejectment on 13-8-1999 on the ground under section 12 (1) (a), (b) and (e) of the Act. The appellant in spite of receipt of summons failed to pay the rent within a period of one month from the date of receipt of summons and raised a dispute regarding the rate of rent and quantum of arrears of rent under section 13 (2) of the Act. The trial Court vide order dated 28-8-2000 decided the dispute and fixed the provisional rent at the rate of Rs. 2300/- per month and directed the appellant to deposit all the arrears of rent with effect from February, 1999 within a period of one month from the date of order and also directed the appellant to pay or deposit the future rent, month by month. He failed to deposit the arrears of rent in time as directed by the trial Court on 28-8-2000 and filed an application for extension of time under section 151 read with section 148 of Civil Procedure Code on 28-9-2000 on the ground that only on 8-9-2000 he came to know about passing of order dated 26-8-2000 and annexed a receipt of Rs. 10,000/- deposited on 26-9-2000 and prayed that rest of the arrears of rent of Rs. 36,700/- be permitted to be deposited in six monthly instalment and further stated that he will deposit the regular rent month by month without any default. As per application dated 28-9-2000 he had to deposit balance arrears of rent of Rs. 36,700/- in six monthly instalments within a period of six months i. e. up to 31-3-2001. But, he failed to deposit the rent within the said period and only on 3-4-2001 he deposited the rent. During pendency, the respondent filed an application under Order 13 (6) of the Act. The trial Court rejected both the applications vide order dated 3-4-2001. The appellant failed to pay rent regularly month by month as per section 13 (1) of the Act. The respondents filed an application for striking out the defence which was rejected vide order dated 13-10-2003 by the trial Court and gave a finding that there was delay in depositing the rent for the period 6/2001, 6/2002, 9/2002, 10/2002, 4/2003, 6/2003 and the rent for the abovementioned period was deposited after 15th of each preceding month.