VED PRAKASH GUPTA Vs. CHOTELAL

JUDGEMENT

(1.) THIS is a revision petition directed against order passed by the Third Civil judge Class II, Gwalior, in Civil Suit No. 108-A/1977 dated 23-9-1977, whereby the defendant-applicant herein has been ordered to deposit rent under Section 13 (2) read with Section 13 (3) of the M. P. Accommodation Control Act, 1961 (hereinafter referred to as the 'act' ).

(2.) THE facts essential for appreciating the controversy in the revision art that the defendant-applicant was inducted as a tenant by Harishchand, father of the plaintiff-non-applicant No. 1 in the suit-premises. Harishchand died on. 29-11 72. In the lifetime of Harishchand a suit for partition (C. S. No, 6-A/1968) was instituted and the same was pending at the time of death of Harishchand in the court of Third Additional District Judge, Gwalior. In this suit a compromise was effected between the parties on 16-7-1975, whereby, inter alia, the suit-property was allotted to the plaintiff-non-applicant No. 1, Thereafter, after giving demand-cum-quit notice, the plaintiff-non-applicant No. 1 instituted the present suit for ejectment and recovery of arrears of rent on 11-5-1977.

(3.) IN this suit the plaintiff stated that the defendant-applicant is in arrears of rent with effect from 22-11-1972. The suit is based on various grounds including the ground under Section 12 (1) (a) of the Act.