MOHAMMAD NASIR Vs. RABIYABI

JUDGEMENT

(1.) THE applicant, who is impleaded in the suit afterwards as defendant No. 2 on the footing of unlawful sub-tenancy, has filed this Civil Revision under Section 115 of the Code of Civil Procedure against the order dated 9.12.1994 rendered by Eleventh Additional Judge to the Court of District Judge, Indore, in C.O.S. No. 1-A/92 thereby striking out his defence against eviction in terms of Section 13(6) of the M.P. Accommodation of Control Act, 1961 (for short 'the Act') on the linchpin of failure to deposit or pay entire arrears of rent as stipulated under Section 13(1) of the Act.

(2.) FACTS are in a narrow compass. Non-applicant No. 1 filed the suit for eviction and rent/mesne profits against non-applicant No. 2 on the fulcrum of relationship of landlord tenant. Later, she joined the applicant on the footing of his being an unlawful sub-tenant. Non-applicant No. 2 or applicant did not deposit remaining amount of arrears of rent, quantified at Rs. 12,150-00 after 14.9.1994 despite last chance for that purpose.

(3.) THE trial court struck out defence of the applicant as well as nonapplicant No. 2 against eviction under the Act. The applicant has questioned the validity of the order limited to himself.