Prakash Shrivastava, J.

Heard finally with consent.

This writ petition under Article 227 of the Constitution of India is at the instance of the defendant tenant challenging the order of trial court dated 22/4/14 whereby the defence of petitioner has been struck off under Section 13(6) of MP Accommodation Control Act.

2. Having heard the learned counsel for the parties and on perusal of the record, it is noticed that respondent landlord had filed an application under Section 13(6) of Act stating that petitioner had not deposited the rent since September 2013. Trial court while allowing the said application has noted the different dates when the rent was deposit and has come to the conclusion that there was a delay on the part of the petitioner in depositing the rent and has struck off the defence on the ground that rent has not been deposited in terms of Section 13(1) of Act.

3. Trial court while passing the impugned order has only mentioned the different dates on which rent was deposited and the fact that there was a delay in deposit of the rent but has failed to appreciate that the order of striking of the defence is not to be passed mechanically in every case of default of dep