JUDGMENT

Syed Shah Mohammed Quadri, J.-The question that arises for consideration in this appeal is : can the court pass a decree for eviction of a tenant under Section 12(1)(a), without first determining provisionally the amount of rent payable under Section 13(2) of the M.P. Accommodation Control Act, 1961, when the tenant, having admitted the rate of rent, failed to establish that he had paid the arrears of rent?

2. This appeal, by special leave, is preferred by the landlords challenging the validity of the judgment of a learned Single Judge of the High Court of Madhya Pradesh, Indore Bench, in Second Appeal No. 183 of 1993 passed on December 16, 1997.

3. The relevant facts giving rise to this appeal need be noticed.

One Bherulal was the owner of house No. 1/796, Brahmin Gali,Ujjain, (Madhya Pradesh) in which he let out three rooms (hereinafter referred to as the suit accommodation ) for residential purposes to the respondent (tenant) on a monthly rent of Rs. 60/-. A rent note was also executed on December 4, 1971. The said Bherulal passed away, leaving behind him the appellants (landlords) among other heirs, on April 19, 1972. It is stated that in the partition of his properti