MOHAMMAD NASIR ABDUL AZIZ Vs. RABIYABAI

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 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 applicant, though categorised as unlawful sub-tenant by non-applicant No. 1, claims himself to be the tenant. He had deposited some rent but not full on the plea that he was inducted as a tenant from a later date and is thus not liable to deposit the full arrears as claimed in suit.