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SANJAY DWIVEDI
Krishna Devi Santar – Appellant
Versus
Atul Lalwani – Respondent
ORDER
1. With the consent of learned counsel for the parties, the matter was finally heard on 26.11.2024 and today the order is being pronounced.
2. This petition is filed under Article 227 of the Constitution of India challenging the impugned order dated 11.11.2024 (Annexure-P/11) passed in a pending civil suit by the Civil Judge, Junior Division, Bhopal. By this order, the trial Court rejected an application submitted by the petitioner-defendant in a pending civil suit filed for seeking a decree of eviction on the ground of section 12(1)(a) and 12(1)(f) of the M.P. Accommodation Control Act, 1961 (for brevity “Act, 1961”). The trial Court in the pending civil suit had passed an order under section 13(6) of Act, 1961 and closed the right of the defendant-petitioner as he did not comply with the order of the trial Court by depositing the rent as was provisionally fixed by the Court. Such order was assailed by the petitioner before the High Court but the High Court affirmed the order of the Court below by dismissing the petition i.e. M.P.No.2481/2024. Thereafter, the defendant-petitioner filed the application on 26.2.2024 for leading evidence on the issue of arrears of rent, but that
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
Point of Law : Only thing is that the opportunity to be afforded to the tenant to show sufficient cause with respect to the failure to pay or deposit rent, as directed in Section 12(1) and (2), withi....
Eviction suit – Power to strike off defence is considered to be discretionary which is to be exercised with circumspection but relaxation is reserved for a bonafide tenant and not as a matter of cour....
A tenant denying rent is not required to deposit until the court adjudicates the issue of tenancy, as per Order XV Rule 5 of the Code of Civil Procedure.
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