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1997 Supreme(MP) 717

R.S.GARG
Sabiha Masood – Appellant
Versus
Tahabbur Ali Khan – Respondent


ORDER

R.S. Garg, J.

1. Being dissatisfied by the order directing the defendant to deposit rent within a period of one month, failing which his defence would be struck out, the defendant has filed this revision petition.

2. Ms. Iyer, learned counsel for the applicant states that as she has denied the relationship of landlord and tenant and has also filed a suit for declaration of title, the trial Court was not justified in directing the defendant to deposit the rent.

3. In the suit for eviction based on a ground Under Section 12(1), the defendant has two types of defences (1) which are known as common law defence and (2) which are available to the tenant under the Accommodation Control Act itself. The Common Law defence are like the liability to pay the rent, the arrears of rent, the relationship of landlord and tenant and the ownership of the property. But under the Accommodation Control Act, the defences which are available to the tenant are to disprove the case of the landlord and show to the Court by leading cogent evidence that availability of a ground Under Section 12(1) is not made out. When a tenant challenges the ownership or the relationship of landlord and tenant, this may pr




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