LAWS(MPH)-2018-8-42

FASHION WORLD Vs. BANSHIDHAR MULTI BUILDERS PVT LTD

Decided On August 06, 2018
Fashion World Appellant
V/S
Banshidhar Multi Builders Pvt Ltd Respondents

JUDGEMENT

(1.) The petitioner before this Court has filed present petition against order dated 10/03/2018 passed in Civil Suit No.25-A/2012 by which the application preferred by the plaintiff under Section 13(6) of the M. P. Accommodation Control Act, 1961 (for short "the Act of 1961") for striking off the defence of the defendant petitioner, has been allowed.

(2.) The facts of the case reveal that the respondent plaintiff has filed a civil suit seeking eviction of the defendant petitioner in respect of a property situated at Bansi Plaza, 581/3, M. G. Road, Indore on the ground of bona-fide need for business and extension of business taking shelter of Section 12(1)(f) of the Act of 1961. The petitioner's contention is that during pendency of the suit an application was preferred by the plaintiff under Section 13(6) of the Act of 1961 stating that the suit has been filed for eviction and rent recovery and the defendant is irregular in making payment of rent. He has not paid in time the maintenance charges and Service Tax. The petitioner has further stated that earlier application was allowed by order dated 10/03/2014 and again a subsequent application was filed stating that GST dues have not been paid.

(3.) A reply was filed in the matter and the trial Court has allowed the application preferred under Order 13(6) of the Act of 1961 vide order dated 10/03/2018. In the writ petition it has been stated that since the order passed by the learned trial Court is lacking in the due appreciation of the facts and circumstances, settled principles of law, as also due consideration of the points involved in the case as well as documents on record including rent agreement directing direct striking off defence without any opportunity of petitioner defendant by directing payment, therefore, being dissatisfied with the impugned order passed the by the trial Court, present miscellaneous petition has been filed.