SANKATA DEVI VERMA Vs. JAGDISH SINGH CHANDEL

JUDGEMENT

(1.) THE applicant/landlady, being aggrieved by the order dated 19-11-1997, passed by the Rent Controlling Authority (RCA), Jabalpur rejecting her application filed under Section 13 (6) of M. P. Accommodation Control Act, has filed this revision petition.

(2.) THE applicant/landlady moved an application under Section 23-A before the Rent Controlling Authority seeking eviction of the non-applicant inter alia pleading that she is the landlady and the non-applicant is the tenant. The tenant after seeking leave to defend filed his written statement and controverting the allegations made by the landlady stated that he is not the tenant and is not answerable to the present applicant. Having denied the relationship between the parties, the tenant did not choose to deposit the rent. The landlady thereafter filed an application under Section 13 (6) of M. P. Accommodation Control Act. By the order impugned, the lower Court has rejected the application saying that as the relationship of landlady and tenant has been challenged and denied, it was not necessary to deposit the rent and defence could not be struck out. The applicant/landlady has filed this revision, being aggrieved by the said order.

(3.) LEARNED counsel for applicant submits that to save the defences available under the M. P. Accommodation Control Act, a tenant is duty bound to deposit the rent and if he does not do so, his defence is liable to be struck out under sub-section (6) of Section 13 of M. P. Accommodation Control Act. On the other hand, Shri Mishra learned counsel for non-applicant submits that as he had challenged the relationship of landlord and tenant, it was not necessary for the non-applicant to deposit the rent.