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1998 Supreme(MP) 782

S.C.PANDEY
Shyamlal Agrawal – Appellant
Versus
Sardar Gurubachan Singh – Respondent


Advocates:
Mukesh Agrawal for applicants; Y.K. Munshi for non-applicant.

ORDER

1. This revision is directed against the order dated 1.5.1993, passed by 1st Additional District Judge, Raipur, in Civil Suit No. 111-A/91, whereby the trial Court has rejected the application filed by the applicants against the non-applicant under Section 13(6) of the M.P. Accommodation Control Act, 1961 (henceforth 'the Act'). It is not in dispute that the non-applicant has not deposited the rent after he was served with notice of demand and, thereafter, with summons. As per Section 13(1) of the 'Act', he was required to deposit the arrears of rent within •one month of receipt of summons. He could also apply for extension of time for deposit of arrears of rent after expiry of one month and having obtained extension, he was required to deposit future rent of each succeeding month by every fifteenth day, The non-applicant did not take any step to deposit the rent and. therefore the applicants filed an application for striking out the defence under Section 13(6) of the Act.

2. The non-applicant opposed this application. In his reply, he stated that he is not the tenant of the applicants. It was claimed that he was not the tenant of the vendor of the applicants. The non-applicant





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