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1966 Supreme(MP) 147

R.J.BHAVE, P.V.DIXIT
INDERLAL BALKIRAM – Appellant
Versus
MAHNGI BAI IMRATLAL – Respondent


Advocates Appeared:
A.S.USMANI, J.B.Asardas

DIXIT, C. J.

( 1 ) THIS is a petition to revise an order of the First Civil Judge, Second Class, jabalpur, postponing consideration of the plaintiff-applicant's prayer under Section 13 (6) of the Madhya Pradesh Accommodation Control Act. 1951, for striking out the non-applicants' defence against eviction till after the determination of the question whether the non-applicants are tenants of the petitioner

( 2 ) THE revision petition has been placed before us for hearing and disposal as there arc conflicting Single Bench decisions of this Court on the question whether before invoking Section 13 of the Act against the defendant in a suit for eviction there must be first a finding that the defendant is a tenant of the plaintiff. A reference to these decisions will be made later On the language of Section 13 of the Act, and regard being had to the object and purpose of the provision, we have no hesitation in holding that the provisions of Section 13 come into play the moment a person, claiming himself to be the landlord of any accommodation, flies a suit for eviction, on any of the grounds referred to in Section 12, against a person who, according to the plaintiff suing, is the person in















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