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2022 Supreme(SC) 1062

M. R. SHAH, C. T. RAVIKUMAR
Fashion World – Appellant
Versus
Banshidhar Multi Builders Pvt. Ltd. – Respondent


Advocates appeared:
For the Appellant(s) : Ms. Taruna Ardhendumauli Prasad, AOR
For the Respondent(s): Ms. Rukhmini Bobde, Adv. Ms. Soumya Priyadarshini, Adv. Mr. Ankit Ambasta, Adv. Mr. Amit Srivastava, Adv. Mr. Vishal Prasad, AOR

JUDGMENT :

M.R. Shah, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Madhya Pradesh at Indore in Misc. Petition No. 1509 of 2018 by which the High Court has dismissed the said miscellaneous petition preferred by the appellant and has confirmed the order passed by the learned Trial Court striking off the defence of the appellant – original defendant allowing the application submitted by the original plaintiff – landlord submitted under Section 13(6) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the “Act, 1961”), the tenant – original defendant has preferred the present appeal.

2. At the outset, it is required to be noted that as per the Lease Agreement, the tenant is liable to pay the rent @ Rs.58,650/- per month for the area admeasuring 2500 sq.ft. super-built-up area. Under the Lease Agreement, over and above the above amount, the tenant is also liable to pay the maintenance charges as well as the service tax. On coming into force of the GST, the tenant is liable to pay the GST instead of service tax. The tenant, though paid the rent and the other maintenance charges, however, did not deposit/pay the


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