1985 Supreme(MP) 201

R. K. Vijaywargiya, J.
Kesharbai v. Baluram.
S. A. No. 193 of 1980 (I); Decided on 25-3-1985.

Headnote:Accommodation Control Act, 1961 (M. P.)-Ss. 12 (1) (a) and 13 (l)-suit for eviction on ground of non-payment of rent-arrears and monthly rent deposited-decree for eviction cannot be passed.

        The plaintiffd`respondents filed the present suit against the defendants appellants for eviction from the tenanted accommodation and for the recovery of arrears of rent and mesne profits. The ground for eviction was that the defendants failed to pay the arrears of rent within two months of the service of notice of demand upon them.

       

        The defendants contested the suit. The trial Court decreed the suit. The appeal preferred by the defendants was also unsuccessful. Aggrieved by the judgment and decree passed by the appellate Court, the defendants have preferred this appeal.

       

        Held: It is not in dispute that the defendants deposited the arrears of rent as claimed by the plaintiffs within the time extended by the trial Court, and that the defendants have also complied with the provisions of section 13 (1) of the M.P. Accommodation Control Act (for short the Act) in regard to the deposit of the monthly rent in the trial Court. In the circumstances, as the provisions of section 13 (1) of the Act were complied with by the defendants, no decree for eviction can be passed against them.

       

        The judgment and decrees passed by the Courts below, therefore, cannot be sustained in law and deserve to be set aside. Appeal allowed.