D.P.S. Chauhan, J.

1. Heard the learned counsel for the applicants, Shri Umesh Trivedi.

2. This revision is directed against the order dated 14-11-1996 and confined to the order passed on the application under section 13(6) of the M. P. Accommodation Control Act, 1961 (for brevity hereinafter referred to as 'the Act').

3. So far as tenancy was concerned, the defendants accepted the same. So far as amount of rent payable i.e. rate of rent was concerned, that was also accepted. The dispute was only in regard to the fact as to whether the amount as claimed in the notice is due or not due. Learned counsel submitted that under sub-section (2) of section 13 of the Act, it is obligatory on the part of the concerned authority to determine amount of rent i.e. arrears of the rent as to how much the arrears or whether there is any arrears or not. In this connection, learned counsel placed reliance on the case of Anandilal v. Shiv Dayal Pandey, 1977 MPLJ 822 and invited the attention of the Court to paragraph 20 of the order which in fact is answer part of the question referred:

"20. Accordingly, we answer the questions referred to us as follows:-

(1) Even when there is no dispute with regard