RATNAKAR Vs. HAJI INAYATULLAH

JUDGEMENT

(1.) A learned single Judge of this Court (Shri V.D. Gyani, J.) has made this reference to this Court to decide the following question of law : "Whether the Rent Controlling Authority, while dealing with an application under S.23A of the Madhya Pradesh Accommodation Control Act, 1961, has power to strike out tenant's defence under S.13(6) of the said Act for non-compliance of S.13(1) of the M.P. Accommodation Control Act, 1961?

(2.) Short facts, material for the decision of this reference may be stated, in brief, thus : The respondent, a retired Government servant, who is covered under S.23-J as a landlord for the purpose of Chap. III-A, filed an application under S.23-A of the M.P. Accommodation Control Act, 1961 against the petitioners, as tenants before the Rent Controlling Authority, Indore on 15-3-1985 seeking ejectment on the ground that he bona fide required the residential part of the suit accommodation for his own residence and the non-residential part thereof for starting his son's business of rent from 1-5-1970 till 31-12-1984 at the rate of Rs. 60/- per month, which was the standard rent fixed, amounting to Rs. 10.560/- and an amount of Rs. 120/- on account of mesne profits for the period 10-1-1985 till 28-2-1985 in all totalling Rs. 10,680/-. He, therefore, also claimed a decree for arrears of rent, mesne profits and also decree of eviction on the ground of default in making payment of rent, despite service of notice as contemplated by S.12(1)(a) of the M.P. Accommodation Control Act, 1961 and also claimed future mesne profits at the rate of Rs. 60/- per month.

(3.) The petitioner-tenants (who are the legal representatives of the original tenant) after obtaining leave to defend the case contested the landlord's case by denying the landlord's alleged bona fide requirement and also denying their liability to pay arrears of rent, as demanded by the landlord, which they had disputed.