IN THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR W.P. (U/A. 227) No. $3} /2010 z>/€}c3 PETITIONER / Smt. Renu Singh, /o. Ashutosh DEFENDANT Gaharwar, R/o. House No.37, Aishwarya Residency, Main Road, Telibandha, In front of Minocha Petrol Pump? Raipur, District Raipur (C.G.) VERSUS Vijay Kumar, aged about 39 years, S/o. Shivdani Prasad Sinha, R/o. House No.2, Green Valley, Vishal Nagar, Main Road, Telibandha, Raipur, District Raipur (C.G.) RESPONDENT PLAINTIFF WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (227) No. 1997 0f2010 Smt. Renu Singh Petitioner] Defendant Versus Respondent : Vijay Kumar Plaintiff WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTIO_N OF INDIA (SB: Hon'ble Mr. N.K. Agarwali J.) Present : Shri Manoj Paranjpe, Advocate for the petitioner. Shri AK Prasad, Advocate for the respondent.‘ ORAL ORDER (Passed on 05.01.201_1) 1, In the instant petition, the impugned order dated 18.b1 .2010, passed by the VHth Addl, District Judge, Raipur in Civil Suit No. 39- A/2009, by which the trial court has struck out the petitioner’s defence, is under assail. 2. The only submission made by Shri Paranjpe, learned counsel for the petitiOner is that the trial court ought to have given an opportunity for depositing the amount of arrears of rent before striking out the defence. He also undertakes depositing of entire arrears of rent before the trial court within a period of one month. It appears that certain disputes have been raised by the petitioner in the pleadings. The trial court ought to have given an opportunity to the"’p'etitioner to deposit entire amount of arrears of rent under Section 13 (2) of the Accommodation Control Act, 1961 (for short ‘the Act’)‘ before passing any order under Section 13 (6) of the Act @ which has not be6n done in the instant case, Thus, the order impugned suffers from illegality resulting in manifest injustice to the petmoner, 4, Therefore, the impugned order dated 18.01.2010, passed by the Vllth Addl. District Judge, Raipur, deserves to be and is hereby set aside subject to deposit of entire amount of arrears of rent within a period of one month from today and also depositing monthly rent thereafter in accordance with law, 5. The matter is remitted-back before the trial court with a direction to decide the respondent’s application filed under Section 13(6) of the Act afresh subject to petitioner’s depositing entire amount of arrears g of rent within a period of one month as granted by this court hereinabove failing which the instant petition shall automatically stand dismissed. No order asto costs. ' ”f sal- nl N. K. Agarwa‘//I[ t, Judge /> , i7 v ‘ ,/