Judgment:

U.C. Maheshwari, J.

1. Heard. On behalf of the petitioner-defendant, this petition is filed being aggrieved by the order dated 31-1-2012, passed by the I Civil Judge, Class I, Katni in COS No. 71-A/11 whereby allowing the application of the respondent filed under Section 13(6) of M.P. Accommodation Control Act, 1961, (in short "the Act"), the defence of the petitioner available under the provisions of the Act has been struck down and simultaneously, the application of the petitioner filed to condone the delay and in extending the period with opportunity to deposit the entire arrears of rent and recurring rent of the disputed premises has been dismissed.

2. The petitioner's Counsel after taking me through the petition as well as papers placed on record alongwith the impugned order, by referring the provisions of Section 13 of the Act argued that after receiving the summon of the impugned suit, the petitioner had given his appearance before the Trial Court and took adjournment on dated 28-3-2011 and thereafter, he had filed WS on 20-5-2011 and subsequently, some talk of compromise was going on between the parties and that is why the sum of the arrears of rent was not deposited