NATHURAM SONI Vs. PRIVATE TRUST DHARAMSHALA

JUDGEMENT

(1.) Heard on admission.

(2.) The issue as to whether in a suit for eviction, if defendant questions the title of landlord whether is precluded from depositing the rent, is no more res integra, and has been settled at rest in the case of Inderlal Balkiram vs Mahngi Bai Imratlal [AIR 1967 MP 163] wherein it has been held:-

(3.) In view of the law laid down in Inderlal Balkiram (supra), the tenant is under an obligation to deposit the rent under Section 13(1) of 1961 Act and the trial Court would be at liberty to proceed under sub-section (6) of Section 13 in case default is committed by tenant.