Madhya Pradesh High Court
Ashutosh Gupta vs Mahendra Jain on 20 March, 2023
Author: Gurpal Singh Ahluwalia
1
M.P. No.1613 of 2023
IN THE HIGH COURT OF MADHYA PRADESH
AT J A B A L P U R
BEFORE
HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
ON THE 20th OF MARCH, 2023
MISC. PETITION No. 1613 of 2023
BETWEEN:-
ASHUTOSH GUPTA S/O BHANU PRAKASH
GUPTA, AGED ABOUT 57 YEARS, R/O 773 NEAR
KAMANIA GATE LORDGANJ JABALPUR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI VIPIN YADAV - ADVOCATE)
AND
MAHENDRA JAIN S/O LATE KANCHHEDI LAL
JAIN, AGED ABOUT 68 YEARS, R/O HOUSE NO 235
IN FRONT OF HOUSE OF ADV SHARAD JAIN
LAKHERA KI KULIA SARAFA WARD JABALPUR
SHOP ADDRESS 774 SOCIETY VASTRA BHANDAR
NEAR KAMANIA GATE LORDGANJ JABALPUR
(MADHYA PRADESH)
.....RESPONDENTS
(NONE )
This petition coming on for admission this day, the court passed the
following:
ORDER
This petition under Article 227 of the Constitution of India has
been filed against the order dated 30.01.2023 passed by 22 nd Additional
Civil Judge, Junior Division in R.C.S.A No. 1682/2021 by which the
trial court has directed that under section 13(1) of M.P Accommodation
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 23-Mar-23
10:48:25 AM
M.P. No.1613 of 2023
Control Act, 1961, the tenant is required to pay arrears of rent of 3 years
and not beyond the same.
2. Challenging the order passed by the court below, it is submitted
by the counsel for the petitioner that the petitioner had approached the
RCA under section 10 of the M.P Accommodation Control Act for
fixation of standard rent. Ultimately, the said proceeding attained the
finality by judgment dated 29.01.2020 passed by the 8 th Additional
District Judge, Jabalpur in R.CA No. 47A/2019 and it was directed that
the standard rent of the premises for 01.01.199 to 31.12.2009 would be
Rs.1000/- per month, 01.01.2010 to 31.12.2019 would be Rs.2000/- per
month and from 01.01.2020 onwards standard rent would be Rs.3500/-
per month. The petitioner has filed a suit for eviction under section
12(1)(f) of M.P Accommodation Control Act. The respondent filed an
application under section 13(1) of M.P Accommodation Control Act,
whereas the petitioner filed an application under section 13(1)(6) of the
M.P Accommodation Control Act for striking off the defence. By the
impugned order the trial court has rejected the application filed by the
petitioner under section 13(6) of the M.P Accommodation Control Act
and has allowed the application filed by the respondent under section
13(1) of the Act of 1961 and has directed that the respondent shall
deposit the entire arrears of rent of proceeding 3 years by the end of
January, 2023 and shall deposit the future rent by 15 th of succeeding
month.
3. Challenging the order passed by the court below, it is
submitted by the counsel for the petitioner that from plain reading of
section 13 of M.P Accommodation Control Act, it is clear that the said
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 23-Mar-23
10:48:25 AM
M.P. No.1613 of 2023
provision does not restrict the arrears of rent for a period of 3 years and
therefore, the trial court committed a mistake by directing the
respondent to deposit the arrears of rent for 3 years only and not entire
rent as adjudicated by the Additional District Judge Jabalpur in R.CA
No. 47A/2019.
4. Heard learned counsel for the petitioner.
5. Section 13(1) of M.P Accommodation Control Act reads as
under:-
"13 : When tenant can get benefit of protection
against eviction : (1) On a suit or any other
proceeding being instituted by a landlord on any of
the grounds referred to in section 12 or in any appeal
or any other proceeding by a tenant against any
decree or order for his eviction, the tenant shall,
within one month of the service of writ of summons
or notice or appeal or of any other proceeding, or
within one month of institution of appeal or any other
proceeding by the tenant, as the case may be, or
within such further time as the Court may on an
application made to it allow in this behalf, deposit in
the Court or pay to the landlord, an amount calculated
at the rate of rent at which it was paid, for the period
for which the tenant may have made default including
the period subsequent thereto up to the end of the
month previous to that in which the deposit or
payment is made; and shall thereafter continue to
deposit or pay, month by month by the 15th of each
succeeding month a sum equivalent to the rent at that
rate till the decision of the suit, appeal or proceeding,
as the case may be."
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 23-Mar-23
10:48:25 AM
M.P. No.1613 of 2023
6. It is contended by the counsel for the petitioner that in order
to seek protection against the eviction, the tenant has to deposit the
entire rent, which he may have made default including the period thereto
upto the end month previous to that in which the deposit is to be made
and shall thereafter continue to deposit or pay. Therefore, according to
the counsel for the petitioner the golden words are "the default in
payment which the tenant may have made and not default of rent, which
was made in the last 3 years.
7. Section 13 provides benefit of protection against eviction. It
is not an independent section, but is subject to the application of section
12 of the M.P Accommodation Control Act. Section 12(1)(a) of the M.P
Accommodation Control Act reads as under:-
"12. Restriction on eviction of tenants. - (1) 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
following grounds only, namely :
(a) that the tenant has neither paid nor tendered the whole of the
arrears of the rent legally recoverable from him within two months
of the date on which a notice of demand for the arrears of rent has
been served on him by the landlord in the prescribed manner;"
8. Thus a tenant cannot be evicted under section 12(1)(a), if he has
neither paid or tendered the whole of the rent legally recoverable from
him within two months from the date on which a notice of demand for
the arrears of rent was served on him. Thus, the golden words under
section 12 of the M.P Accomodation Control Act are "legally
recoverable rent". Article 52 of the Limitation Act, 1963 provides for
limitation of 3 years, where the arrears becomes due. Therefore, arrear
of rent beyond the period of 3 years cannot be said to be legally
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 23-Mar-23
10:48:25 AM
M.P. No.1613 of 2023
recoverable rent. Since section 13 of the M.P Accommodation Control
Act is not an independent provision and it merely provides protection
from eviction, therefore, the word rent mentioned in section 13 has to be
interpreted as "legally recoverable rent". Under these circumstances,
this Court of the considered view that the trial court did not commit any
mistake by directing the respondent to pay the arrears of rent, which had
accrued during the last 3 years.
9. So far as execution of the order dated 29.01.2020 passed by the 8 th
Additional District Judge, Jabalpur in R.CA No. 47A/2019 is concerned,
the petitioner is free to execute the same in appropriate proceeding.
10. With aforesaid observation, the petition is finally disposed off.
(G.S. AHLUWALIA)
JUDGE
tarun
Signature Not Verified
Signed by: TARUN KUMAR
SALUNKE
Signing time: 23-Mar-23
10:48:25 AM
