Sanjay Mishra vs Rajendra Gupta
2023 Latest Caselaw 10671 MP

Citation : 2023 Latest Caselaw 10671 MP
Judgement Date : 11 July, 2023

Madhya Pradesh High Court

Sanjay Mishra vs Rajendra Gupta on 11 July, 2023

Author: Vijay Kumar Shukla

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        MP No. 3438 of 2023
                                                    (SANJAY MISHRA Vs RAJENDRA GUPTA)

                           Dated : 11-07-2023
                                 Shri Yash Pal Rathore, learned counsel for the petitioner.

                                 In the instant petition filed under Article 227 of the Constitution of India,
                           a challenge has been made to the order dated 04.05.2023 Annexure P/1 passed
                           by the Court below, whereby, the application filed by the respondent under

section 13(6) of MP Accommodation Control Act has been allowed and the petitioner has been directed to deposit the arrears of rent since February, 2016

till the date of order at the rate of Rs.25,000/- per month.

Learned counsel for the petitioner submits that as per the provisions of section 12 and 13 of the MP Accommodation Control Act, the Court cannot direct for payment of arrears of rent beyond the period of three years. In support of his submissions, he has placed reliance on the judgment of co- ordinate bench of this court passed in MP No.1613/2023 dated 20.03.2023.

Issue notice to the respondents on payment of PF within a week by registered with due acknowledgment returnable within four weeks, failing which this petition shall stand dismissed without reference to this court.

As an interim measure, it is directed that the petitioner shall be liable to pay the arrears of rent for the period of three years prior to the date of filling of the suit at the rate of Rs.25,000/- per month.

For the rest of the period, direction to deposit the arrears of rent shall remain stayed and the petitioner shall continue to pay monthly rent in in future.

(VIJAY KUMAR SHUKLA) JUDGE Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/07/2023 5:54:14 PM

Sourabh

Signature Not Verified Signed by: SOURABH YADAV Signing time: 11/07/2023 5:54:14 PM