Gulab vs Rajnath - 1997 Supreme(MP) 1040

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Advocates Appeared:
For the Appellant : T.N. Singh
For the Respondent: K.G. Maheshwari

Headnote:(1) Accommodation Control Act, 1961 (M.P.) – S. 12(1)(a) and 12(5) – eviction decree under S.12(1)(a) – in second appeal deposit of entire rent as condition for stay – is not deposit in terms of S.13(1) – provisions of S.12(5) cannot be availed of.
       (2) Accommodation Control Act, 1961 (M.P.) – S. 13(1) and 12(5) deposit of entire rent as condition of stay order – not deposit under S.13(1) – no benefit of S.12(5) can be availed of.
        Short Note
       The tenant has filed this second appeal under section 100 of the Code of Civil Procedure against the judgment and decree dated 1st April, 1986 passed by Additional District Judge, Khargone, in Civil Regular Appeal No. 6 – A/5 thereby sustaining the judgment and decree dated 24th April, 1985 passed by Civil Judge, Class – II, Khargone in C.O.S. No. 45 – A/81.
       2. The accommodation was let out at monthly rent of Rs. 30/ – . The appellant – tenant did not pay or tender the whole of the arrears of rent legally recoverable from him within the statutory periods despite a notice of demand in that regard. He also did not comply with the provisions contained in section 13(1) of the M.P. Accommodation Act, 1961 (for short 'the Act'). The case was admittedly based on rent note, Ex.P/I. The trial Court, therefore, passed the decree of eviction on the ground specified under section 12(1)(a) of the Act and the first appellate Court upheld the same. Thereafter the tenant has filed this second appeal.
       3. This second appeal was admitted for final hearing on 21.11.1986 on the under noted substantial question of law : –
       “Whether the lower appellate Court, in view of the facts and circumstances of the case, was right in passing a decree on the ground specified in S.12(1)(a) of the M.P. Accommodation Control Act, 1961, in face of the fact that the total arrears of rent was deposited by the appellant?”
       4. I have heard Shri T.N. Singh, learned counsel for the appellant and Shri K.G. Maheshwari, learned counsel for the respondent.
       5. It is an admitted position before me that the rent was not paid in terms of section 12(1)(a) of the Act and after suit, in terms of section 13(1) of the Act. In view of this undisputed position, there was no question of granting benefit as was available in terms of section 13(5) of the Act.
       6. The only contention before me is that the entire rent was deposited after passing of the decree.
       7. The counsel for the appellant submitted that in view of the deposit of the entire arrears of rent, the decree under section 12(1)(a) of the Act may be demolished. The counsel for the respondent submitted that the deposit was made after passing of the decree as condition of the order of stay against the decree for eviction. He submitted that such deposit has no potential of dislodgement of the decree validly passed by the trial Court and sustained by the first appellate Court.
       8. What stares in the face is that there was no compliance of the notice of demand and no further compliance in terms of section 13(1) of the Act. It is also luculent that no prayer was made for condonation of delay in deposit on any appropriate ground.
       9. That being so I am satisfied that the Courts below have not committed any error of law in granting decree of eviction on the aforesaid ground. The deposit after passing of the decree and particularly as condition of the order of stay, is not the deposit in terms of section 13(1) of the Act and thus does not attract the benefit under section 13(5) of the Act.
       10. I am, therefore, satisfied that the decree does not suffer from any illegality or perversity.
       11. Accordingly I hold that this appeal is totally devoid of merit and deserves the fate of dismissal. Accordingly I dismiss this appeal with costs.
       12. Counsel's fee for each side is fixed at Rs.750.00, if certified.
       13. Decree be drawn up accordingly.
       Record of the Courts below be returned.