2022 (10) TMI 691

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.... Court has dismissed the said miscellaneous petition preferred by the appellant and has confirmed the order passed by the learned Trial Court striking off the defence of the appellant - original defendant allowing the application submitted by the original plaintiff - landlord submitted under Section 13(6) of the M.P. Accommodation Control Act, 1961 (hereinafter referred to as the "Act, 1961"), the tenant - original defendant has preferred the present appeal. 2. At the outset, it is required to be noted that as per the Lease Agreement, the tenant is liable to pay the rent @ Rs.58,650/- per month for the area admeasuring 2500 sq.ft. super-built-up area. Under the Lease Agreement, over and above the above amount, the tenant is also liable t....

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....week from today. In the meantime, further proceedings of the suit shall remain stayed." 5. It is reported that pursuant to the order passed by this Court dated 31.08.2018, the appellant has deposited the balance amount of GST. In that view of the matter and considering the fact that the defence was struck off on non-deposit/payment of the balance amount of GST, which is now deposited, we are inclined to set aside the order passed by the High Court as well as the learned Trial Court striking off the defence of the appellant. 6. However, Ms. Rukhmini Bobde, learned counsel appearing on behalf of the respondent has requested to keep the question of law namely, whether the rent includes the liability to pay the tax or not and whe....