SHRENIK KUMAR NANDECHA Vs. PREETPAL SINGH

JUDGEMENT

(1.) Appellant/Defendant has filed the present appeal being aggrieved by the judgment and decree dated 28.09.2012 passed by Ist Civil Judge, Class-I, Ratlam under section 12(1)(a) of the M.P Accommodation Control Act, 1961 (for short 'the Act of 1961') and judgment and decree dated 07.01.2019 passed by Ist Additional District Judge, Ratlam of IInd Additional District Judge, Ratlam affirming and granting the decree under section 12(1)(a) (c) of the Act of 1961 in favour of the plaintiff. The appellant has also filed an application under section 13(6) of the Act of 1961 seeking condonation of delay in depositing the rent.

(2.) Respondent No.1 being plaintiff (since dead and now represented through legal representatives) filed a suit for eviction, arrears of rent and mesne profit against the defendant. The plaintiff is the owner of house bearing municipal No.15, situated at Dat Ki Pull, Ratlam He had rented one room the said house (size 10" x 20") to the defendant. The tenancy is oral.

(3.) In the month of September, 2007 the plaintiff being the owner of the suit property disconnected supply of electricity and water to the defendant. The defendant approached the Rent Controlling Authority and vide order dated 16.01.2008 he has been permitted to obtain independent connection. Vide order dated 21.02.2011 passed under section 13(2) of the Act of 1961 the trial Court has directed the defendant to pay the rent at the rate of Rs.600/- per month and Rs.250/- per month as electricity charge to the plaintiff and further directed to deposit an amount of Rs.14,450/- in the Court for the period of 01.01.2006 to 31.05.2007 and the plaintiff has been restrained to withdraw the said amount during the pendency of the plaint. The defendant has also been directed to deposit the rent regularly w.e.f 01.09.2007 at the rate of Rs.600/- per month. The aforesaid facts are not in dispute.