1. With the consent of the parties, the matter is finally heard.

2. In a suit filed under Section 20 of the M.P. Accommodation Control Act .seeking eviction of the tenant, as the tenant was not depositing monthly rent and did not deposit the arrears of rent, the plaintiff moved an application under Section 13(6) requesting the Court that defence of the defendant against eviction be struck but. The defendant contested the application and inter alia pleaded that as the suit is not under any of the clause of Section 12(1) of M.P. Accommodation Control Act neither the provisions of Section 13 are applicable nor the tenants are required to deposit the rent. After hearing the parties, the trial Court observed that the suit would be deemed to be a suit under Section 12(1)(a) of M.P. Accommodation Control Act and as such provisions of Section 13 of the Act would be applicable. In view of the findings recorded by it, it directed the defendants to deposit the rent within a period of one month with a further order that if the rent is not deposited within the period fixed by the Court, the defence would stand struck out automatically. Being aggrieved by the said order one of the defendan