UMA SHANKAR DWIVEDI Vs. DEV MOORTY RADHA KRISHNA

JUDGEMENT

(1.) FEELING aggrieved by an order passed by the trial Court rejecting an application dated 1-9-1997 filed by the defendant-applicant under Order 13, Rule 2, Civil Procedure Code for admitting 15 rent receipts claimed to have been issued during the period elapsing between 11-8-1962 to 16-3-1969, showing the rate of rent of the accommodation in dispute to be Rs. 7 per month, he has now approached this Court seeking redress praying for the reversal of the impugned order.

(2.) I have heard the learned counsel for the defendant-applicant as well as the learned counsel representing the plaintiff-respondent and have carefully perused the record.

(3.) THE facts in brief, shorn of details and necessary for the disposal of this case lie in a narrow compass. The plaintiff-respondent has filed a suit giving rise to this revision wherein he has prayed for a decree for eviction of the defendant from the premises in dispute, which was claimed to have been let out to him. The plaintiff has asserted that in spite of the notice terminating the tenancy and non-payment of arrears of rent, the defendant had neither cleared off the arrears of rent due nor had vacated the premises. It was claimed that requirement contemplated Under Section 12 (1) (a) of the M. P. Accommodation Control Act, stood satisfied.