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Madhya Pradesh High Court · body

1978 DIGILAW 582 (MP)

Kiranswaroop Mathur v. Kamruddin

1978-08-02

H.G.MISHRA

body1978
Short Note : 1. The defendant applicant raised a dispute about the rate of rent as well as the amount of rent. The plaintiff thereafter applied for striking out the defence. In reply to this application, the defendant prayed that reasonable provisional rent be fixed according to section 13 (2) of the Act. 2. By the impugned order the provisional rent has been fixed at Rs. 500/-per month, but at the same time, right of defence under the Act has been ordered to be struck out. Aggrieved by this order the defendant/applicant has preferred this revision. Held : After determination of reasonable provisional rent under section 13 (2) of the Act, time has to be given to deposit the amount so determined by the Court provisionally. In the instant case, the learned trial Judge has ordered striking out of the defence the same day, on which he fixed the reasonable provisional rent to be at the rate of Rs. 500 per month. This is acting in an arbitrary and illegal manner. Therefore, the first contention advanced by Shri Batham merits acceptance. Revision partly allowed.