KAJAL KATARIA Vs. DEEPAK ARORA

JUDGEMENT

(1.) With consent, heard finally.

(2.) The present petition under Article 227 of the Constitution of India is preferred by the petitioner/defendant/tenant being aggrieved by order dated 4/4/2018 passed by 12th Civil Judge, Class-I, Gwalior in Civil Suit No. 26-A/2016; whereby, the application under Section 13 (2) of the M.P. Accommodation Control Act, 1961 preferred at the instance of respondent/plaintiff/landlord has been allowed and provisional rent has been fixed at Rs. 12,000/- per month.

(3.) Precisely stated facts of the case are that respondent/landlord has instituted a suit for eviction and recovery of arrears of rent against the petitioner/tenant. Suit was filed by the respondent on the allegation that disputed property/shop was rented out to the petitioner at monthly rent of Rs. 12,000/- on the basis of lease deed dated 31/5/2011 and petitioner has not paid any amount towards the rent and the disputed shop is required by the respondent for starting business of his son. The allegations of subletting of the shop were also levelled.