KRISHNA DEVI Vs. PRAVEENCHAND

JUDGEMENT

(1.) PETITIONERS -defendants through this revision petition filed under section 115, of the Code of Civil Procedure (for short the 'Code'), are challenging the correctness and propriety of the impugned order dated 14.12.98, passed by Vth Civil Judge. Class II, Durg in Civil Suit No. 1A/95, whereby their application filed under section 13, of the Madhya Pradesh Accommodation Control Act (for short the 'Act') read with section 151, of the Code, seeking facility of instalments in depositing the arrears of rent, was dismissed.

(2.) NON -petitioners 1 to 3 - plaintiffs had instituted suit against the petitioners -defendants for eviction. The trial Court, vide its order dated 21.9.98, directed the petitioners -defendants to deposit the arrears of rent within a period of one month and to deposit monthly rent by 15th of every month, and in the event of their failure to deposit the arrears of rent and monthly rent, their defence under the Madhya Pradesh Accommodation Control Act, would be struck out. The revision petition filed by the petitioners -defendants against the trial Court's order dated 21.9.98 already stands dismissed vide order dated 6.10.98, passed by this Court in Civil Revision No. 2218/98.

(3.) THE trial Court, vide into impugned order dated 14.12.98, though dismissed the petitioners -defefendants' above application filed under section 13, of the Act, and 151 of the Code but, however, granted grace period of 15 days for depositing the arrears of rent, failing which the defendant's defence, under the Act, would be struck out.