ORDER

1. Petitioner has filed this petition challenging order dated 13.7.2017. By said order, application filed by petitioner for striking out defence of defendant was dismissed.

2. Counsel appearing for petitioner submitted that since defendant has taken a stand that he is not a tenant, therefore, order of eviction cannot be passed and defence against eviction has to be struck down by the trial Court.

3. Counsel appearing for respondent submitted that petitioner is not a tenant, therefore, provisions of section 13 (6) of M.P. Accommodation Control Act, 1961 will not be applicable in the case.

4. Heard the counsel for the parties.

5. As per section 13 of M.P. Accommodation Control Act, 1961, if a suit is instituted by landlord on any of the grounds enumerated in section 12, then if he deposits rent within one month of service of notice, then he will get protection against eviction. Only requirement for getting protection is to deposit the rent within one month from date of filing suit or receipt of notices in a suit filed on grounds enumerated in section 12. Court can proceed against tenant striking out his defence if landlord has filed a suit on grounds enumerated in section 12. This