GAJENDRA SINGH
Vikas – Appellant
Versus
Nirmala Sharma – Respondent
ORDER :
This revision petition under section 115 of the CPC is preferred under section 23-E of the M.P Accommodation Control Act, 1961 (for short 'the Act of 1961') being aggrieved by the order dated 06.12.2024 (Annexure P/1) in case no.0013/A-90 (7) 2022-23 by Rent Controlling Authority (for short 'the RCA'), Juni Indore whereby defence of the petitioners/tenants has been struck off under section 13(6) of the Act of 1961.
2. Facts in brief are that respondent/landlord filed an application (Annexure A/2) under section 23 of the Act of 1961 before the Rent Controlling Authority, Juni Indore for eviction of the tenants/petitioners on the ground of bona fide requirement of the suit accommodation let out for residential purposes.
3. The application was replied through Annexure P/3.
4. Landlord/respondent filed an application (Annexure P/4) under section 13(6) of the Act of 1961 to stike out the defence of the petitioners/tenants. The application was replied and also filed an application to condone the delay in depositing the rent (Annexure P/5). Annexure P/5 was opposed through reply available at page no.64 to 70 and the Rent Controlling Authority struck out the defence and fixed the case
Jamnalal and others vs. Radheshyam (2000) 4 SCC 380
Ranjit Singh and another vs. State of Uttarakhand & others - 2024 INSC 724
Striking off a tenant's defence under the M.P. Accommodation Control Act requires exceptional circumstances; tenants retain rights to common law defences even if statutory defences are struck off.
The court emphasized that the discretionary power under Order XV Rule 5 of the CPC must be exercised judiciously, particularly in cases of non-payment of rent, reflecting the parties' conduct.
Point of Law : Principles of res judicata applies as between two stages in the same litigation so that if an issue has been decided at an earlier stage against a party, it cannot be allowed to be re-....
The main legal point established in the judgment is that non-payment of rent and a pending ownership dispute can be valid grounds for eviction under the M.P Accommodation Control Act, 1961.
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