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Madhya Pradesh High Court · body

1977 DIGILAW 627 (MP)

Ramchandra Pande v. Ramcharanlal Nema

1977-12-06

M.L.MALIK

body1977
Short Note : The tenant's defence has been struck out under section 13(6) of the Madhya Pradesh Accommodation Control Act and he has come up in revision. 2. The order of the trial Court indicates that the tenant had been a defaulter which indicated contumacy and positive mala fide. Instead of depositing rent every month before the 15th of the month as required by the latter part of section 13(1) of the M.P. Accommodation Control Act, the tenant deposited ten months' rent on 28-4-1977 and two months' rent on 23-8-1977. 3. The learned counsel for the landlord pointed out many more defaults which had not been mentioned in the order of the trial Court. 4. The learned counsel for the tenant submitted that the landlord was not at all without fault. He had obstructed the tenant's passage and had to tender apology to the Court when contempt proceedings were initiated. Held : Such a conduct of the landlord would not absolve the tenant from complying with provisions of section 13 of the M.P. Accommodation Control Act. And if he had committed default and the default was not inadvertent or casual, he must suffer. Revision dismissed.