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AFR

W.P. No.13973/2017

THE HIGH COURT OF MADHYA PRADESH, JABALPUR

Writ Petition No.

13973 of 2017

Parties Name

Sanjay Kumar

Vs.

Jitendra

Bench Constituted

Hon'ble Shri Justice Vishal Dhagat,

J.

Whether approved for

reporting

Yes

Name of Advocates for parties For Petitioner:- Shri Avinash

Zargar, learned counsel.

For respondent:- Shri Aditya

Ahiwasi, learned counsel.

Law Laid Down

Defence of defendant is not to be

considered

while

deciding

application under Section 13(6) of

M.P. Accommodation Control Act,

1961. Only pleadings in plaint is to

be considered by the Court. Court is

only required to see that suit has

been instituted on grounds

mentioned in Section 12(1) of M.P.

Accommodation Control Act, 1961

and whether defendant has complied

with condition enumerated in

Section 13(1) of the Act of 1961 or

not. On failure of defendant to

comply with condition enumerated

in Section 13(1) of the Act of 1961,

Court can proceed to strike out the

defence of defendant.

Significant paragraph number 6

(O R D E R)

18/01/2022

Petitioner has filed this petition challenging order dated 13.07.2017.

By said order, application filed by petitioner for striking out defence o