Shivnarayan vs Hafiz Ibrahim - 1977 Supreme(MP) 649

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1977 Supreme(MP) 649

G.L.OZA
Shivnarayan – Appellant
Versus
Hafiz Ibrahim – Respondent

Short Note :

1. Learned counsel for the appellant contended that although a ground under section 12 (1) (a) of the M. P. Accommodation Control Act (hereinafter referred to as "the Act") existed as the appellant-tenant did not pay the arrears of rent within two months, of the notice of demand but he deposited the amount according to learned counsel within one month of the service of the writ of summons; and therefore the respondents are not entitled to a decree under section 12 (1) (1). Learned counsel frankly conceded that in depositing the rent every month as required by the second part of sub-clause (1) of section 13 of the Act the tenant-appellant no doubt has committed defaults on some occasions.

Held : Section 13 (1) of the Act requires a tenant to deposit within one month of the service of the writ of summons all arrears of rent and further requires him to deposit Or pay month by month, by the 15th of each succeeding month a sum equivalent to the rent at that rate. It is therefore clear that if the tenant complies with the two conditions in section 13 (1), then alone he is entitled to the protection under section 12 (3) of the Act. Admittedly, in the present case the tenant co

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