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Madhya Pradesh High Court · body

1975 DIGILAW 39 (MP)

Mahakoshal Roller Flour Mills v. Ravilal

1975-03-31

K.K.DUBE

body1975
Short Note : The plaintiff-applicant filed a suit against the non-applicant/defendant for his ejectment from the suit premises and for arrears of rent and damages. After service of summons on him, the non-applicant made an application under section 34 of the Arbitration Act for staying the suit on the ground that the suit premises were taken on rent under a written lease-deed and by the terms of the lease-deed, it was agreed that all disputes pertaining to the lease would be referred to arbitration of five persons. The applicant opposed the application on the ground that the dispute was outside the scope of arbitration clause and that it was inconsistent with section 12 of the Madhya Pradesh Accommodation Control Act and, therefore, not enforceable. The trial Court by the impugned order, stayed the proceedings before it purporting to act under section 34 of the Arbitration Act. Held : Section 12 of the Act, provides that notwithstanding anything to the contrary contained in any other law or contract, no suit shall be filed in any Civil Court against a tenant for his eviction from any accommodation except on one or more of the grounds enumerated under it. The defendant would therefore be evicted only on proof of one of the grounds contained in sub-section (1) of section 12 of the Madhya Pradesh Accommodation Control Act. No agreement or any arbitration agreement contrary to section 12 could be enforced. Revision allowed.