Sanjay Kumar Vs. Jitendra

Madhya Pradesh High Court (Single Judge)

WRIT PETITION, 13973 of 2017, Judgment Date: Jan 18, 2022

Law Laid Down - 

Defence of defendant is not to be considered while deciding application under Section 13(6) of M.P. Accommodation Control Act, 1961. Only pleadings in plaint is to be considered by the Court. Court is only required to see that suit has been instituted on grounds mentioned in Section 12(1) of M.P. Accommodation Control Act, 1961 and whether defendant has complied with condition enumerated in Section 13(1) of the Act of 1961 or not. On failure of defendant to comply with condition enumerated in Section 13(1) of the Act of 1961, Court can proceed to strike out the defence of defendant.

Sanjay Kumar Vs. Jitendra