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1978 Supreme(MP) 647
IN THE HIGH COURT OF MADHYA PRADESH
H. G. MISHRA, J.
Kiranswaroop Mathur – Appellant
Versus
Kamruddin – Respondent
C. Revn. No. 411 of 1974 (G)
Decided on : 02-08-1978
Headnote:Accommodation Control Act, 1961 (M. P.) - Ss.13 (2) and (6) - reasonable provisional rent fixed - whether defence may be struck out on the same day.
1. The defendant applicant raised a dispute about the rate of rent as well as the amount of rent. The plaintiff thereafter applied for striking out the defence. In reply to this application, the defendant prayed that reasonable provisional rent be fixed according to section 13 (2) of the Act.
2. By the impugned order the provisional rent has been fixed at Rs. 500/-per month, but at the same time, right of defence under the Act has been ordered to be struck out. Aggrieved by this order the defendant/applicant has preferred this revision.
Held : After determination of reasonable provisional rent under section 13 (2) of the Act, time has to be given to deposit the amount so determined by the Court provisionally. In the instant case, the learned trial Judge has ordered striking out of the defence the same day, on which he fixed the reasonable provisional rent to be at the rate of Rs. 500 per month. This is acting in an arbitrary and illegal manner. Therefore, the first contention advanced by Shri Batham merits acceptance.
Revision partly allowed.
