RASHEED KHAN Vs. SHATEESH CHANDRA BANDEL

JUDGEMENT

(1.) - Petitioner/tenant has filed this writ petition under Article 227 of the Constitution of India being aggrieved by order dated 29.10.2014 passed by the IVth Additional Judge to the Ist Civil Judge, Class II, Morena, whereby the learned Civil Judge has reviewed its own order dated 04.09.2014 whereby learned Civil Judge had decided an application under Section 13(6) of the M.P. Accommodation Control Act (for brevity the Act) as was filed by the plaintiff.

(2.) It was submitted on behalf of the plaintiff that since the defendant has appeared through counsel on 03.04.2013, but has only deposited a sum of Rs. 6,750/- in the CCD of the Court and is not paying the monthly rent, therefore, there is violation of the provisions contained in Section 13(1) of the M.P. Accommodation Control Act. Thus, right of defence of the defendant should be struck off.

(3.) Defendant had filed a reply and submitted that he had deposited a sum of Rs. 5000/- in CCD on 26.08.2014 and he being a very poor person cannot arrange the remaining amount, therefore, application under Section 13(6) be dismissed as the defendant is committed to deposit the remaining rent as expeditiously as possible.