The defendant was in arrears of rent for April–May 1980. Notice was served on 14.08.1980; the eviction…
Section 12(3) protects the tenant against eviction on the arrears ground when the payments or deposits required by section 13 are made. The stated non-compliance defeats…
Choose your answer
The defendant was in arrears of rent for April–May 1980. Notice was served on 14.08.1980; the eviction suit was filed on 04.03.1985; summons were served on 03.04.1985. The defendant did not deposit the arrears within two months after receiving summons and also did not comply with section 13(1) of the Madhya Pradesh Accommodation Control Act, 1961. Is he entitled to the benefit of section 12(3)?
Answer and explanation
Correct answer A
Section 12(3) protects the tenant against eviction on the arrears ground when the payments or deposits required by section 13 are made. The stated non-compliance defeats that protection. Saroj Lalwani reached this result on the same chronology. Section 13(1) generally requires the initial deposit within one month of summons, subject to court extension; the question's two-month statement is not the general statutory deadline. Six or twelve months is not an automatic alternative grace period.
Practice for these exams
-
Madhya Pradesh Judicial Services