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R.K.VIJAYWARGIYA
Saryubai – Appellant
Versus
Motiram – Respondent
The plaintiff-applicant filed the present suit for eviction and arrears of rent against the defendant-non-applicant. The claim for eviction was based on personal requirement of the plaintiff and default in payment of arrears of rent inspite of service of notice on the tenant.
2. The defendant disputed the plaintiff's claim for arrears of rent. Before the written statement was filed the plaintiff submitted an application on 10-12-1969 under section 13(6) of the M.P. Accommodation Control Act, praying that as the defendant has failed to pay arrears of rent within one month from the service of notice upon him, his defence against eviction may be struck off. In reply the defendant submitted an application on 6-1-1970 praying that the delay in depositing the arrears of rent may be condoned. The defendant prayed for condonation of delay on the ground that he being a poor man was unable to pay the arrears as also that he did not know the law that the arrears have to be deposited within one month from the service of summons. The trial Court condoned the delay on the ground that the defendant was unaware of the provisions of law. In Civil Revision No. 329/1971 this Court set asid
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