KESHAV DUBEY Vs. CHANDRA MOHAN AGNIHOTRI

JUDGEMENT

(1.) THOUGH this petition filed under Article 227 of the Constitution of India, the petitioner -defendant has called in question the order dated 23.1.2007 passed by the First Additional District Judge, Hoshangabad in Civil Suit No. 34 -A/2006 allowing the application filed by the respondent - plaintiff under section 13 (6) of the M.P. Accommodation Control Act, 1961 (for short 'Act'), thereby striking out his defence.

(2.) IN a suit filed by the respondent plaintiff seeking eviction of the petitioner defendant on the grounds enumerated under section 12 (1) (a) & (c) of the Act, the petitioner defendant denied the relationship of landlord and tenant in the written statement filed by him.

(3.) THE only point urged by the learned senior counsel for the petitioner is that the trial Court could not have decided the plaintiff's application under section 13 (6) of the Act without fixing the provisional rent as mandated under section 13 (2) of the Act.