ORDER 1. Being aggrieved by the order dated 19.1.2011 passed by Civil Judge Class-I, Biora in civil suit No. 1-A/06 whereby the petitioner has been directed to pay interim rent @ Rs. 500-500/- totalling Rs. 1,000/-, the present petition has been filed. 2. Short facts of the case are that respondent filed a suit for eviction against the petitioner alleging that petitioner is in occupation of two shops @ Rs. 500/- each and is in arrears of rent. It was alleged that rent is not paid inspite of notice of demand, therefore decree of eviction be passed under section 12 (1) (a) of the M.P. Accommodation Control Act. Decree was also prayed under section 12 (1) (d) and (f) of the Act. The suit was contested by the petitioner by filing the written statement wherein it was not disputed that petitioner is tenant in the suit accommodation, however it was alleged that in one shop the petitioner is tenant @ Rs. 100/- w.e.f. 1984 and in another shop petitioner is tenant @ Rs. 150/- w.e.f. 1989. It is submitted that earlier also there was a litigation between the parties in which all the facts were stated. It was prayed that interim rent be detemined @ Rs. 100/- and Rs. 150/- per month. After holding a summary enquiry by the impugned order learned Court below determined the rent @ Rs. 500/- per month for each of the shop and directed the petitioner to deposit accordingly, the present petition has been filed. 3. Learned counsel for petitioner submits that impugned order passed by learned Court below is illegal and deserves to be set aside. It is submitted that in fact number of documents were filed by the petitioner to demonstrate that tenancy of the petitioner is Rs. 100/- and Rs. 150/- while no document was filed by the respondent. It is submitted that initial burden was on the respondent to prove that tenancy of the petitioner was @ Rs. 500/- per month for each shop. It is submitted that observation has also been made by the learned Court below in the impugned order that respondent has not filed any document in this regard. It is submitted that in the facts and circumstances of the case the petition be allowed and impugned order be set aside. 4. 500/- per month for each shop. It is submitted that observation has also been made by the learned Court below in the impugned order that respondent has not filed any document in this regard. It is submitted that in the facts and circumstances of the case the petition be allowed and impugned order be set aside. 4. Since respondent is not before this Court inspite of best efforts, the petition is disposed of with a short direction that petitioner shall move an appropriate application before the learned Court below wherein petitioner shall mention that petitioner is tenant @ Rs. 100 and Rs. 150/- per month. In support of the contentions made in the application, petitioner shall file the affidavit and also the documents. After giving an opportunity of hearing to the respondent to file the reply, affidavit and documents, learned trial Court shall re-determine the interim rent within a period of three months from the date of filing of the application without being impressed by the impugned order. 5. Till then, the impugned order shall remain in abeyance.