HARAKCHAND Vs. LATARANI THROUGH L.RS.

JUDGEMENT

(1.) . - This is defendant-tenant's revision, arising out of an eviction suit, directed against an order dated 25-9-85 passed by the 7th Additional District Judge, Indore in civil suit No. 20. A/78 whereby petitioner-defendant's right of defence against eviction has been struck off for his failure to deposit the rent as required by the provisions of Sec. 13 of the M.P. Accommodation Control Act.

(2.) According to the plaintiff-respondent, the agreed rent was Rs. 500.00 per month and as the defendant, despite service of notice whereby arrears of rent were demanded, the defendant failed to pay the same, a suit was filed on the ground of Sec. 12(i)(a) and Sec. 12(i)(e) of the said Act for eviction for which of rent was claimed from 1.8.1978 which admittedly was not paid by the defendant.

(3.) According to the defendant-petitioner the monthly rent was no doubt Rs. 500.00 but it was inclusive of electricity and water charges, Therefore, according to the defendant there was a dispute of rent and the learned lower Court ought to have decided a reasonable provisional rent under section 13(II) of the said Act and in absence thereof his right of defence against eviction can not be struck off even though during the pendency of the suit, undisputed he has committed several defaults by not depositing the monthly rent on due dates as would be clear from the statement furnished by the defendant giving details about the rent deposited by him from 24-8-78 upto 18-3-87.