HARISHANKAR SHARMA Vs. SHRIKRISHNA 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 prayed for condonation of delay in depositing the rent and averred that there was no willful default in depositing the rent as the financial condition of the appellant was not very sound and therefore, there was delay in depositing the rent. The trial Court held that financial condition of the appellant was good and he willfully defaulted in depositing the arrears of rent and therefore, he is not entitled for any benefit under section 12 (3) of the Act and rejected the prayer by holding that the appellant failed to deposit the rent in time for a period from February, 1999 to April, 2001 and rejected his application filed under section 151 of CPC and decreed the suit of the respondent plaintiff under section 12(1) (a) of the Act and dismissed the suit under section 12 (1) (b) (e) (o) of the Act.