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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
M.NAGAPRASANNA
Venugopal Krishnamurthy S/o C.N. Krishnamurthy – Appellant
Versus
M. Tejaswini W/o Shri S.R. Satyanarayana Raju – Respondent
| Table of Content |
|---|
| 1. tenants' non-payment and eviction proceedings (Para 1 , 3) |
| 2. arguments regarding rent waiver and occupancy (Para 4 , 5 , 6) |
| 3. court's consideration of procedural compliance (Para 7 , 8) |
| 4. powers of the court under cpc provisions (Para 9 , 10) |
| 5. judicial discretion regarding non-compliance penalties (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 6. court's decision to strike off defendant's defence (Para 17 , 18) |
ORDER :
1. The petitioners/plaintiffs are before this Court calling in question an order dated 05-07-2024 passed by the LXIV Additional City Civil & Sessions Judge, Bengaluru City on I.A.No.X in O.S.No.5660 of 2022, rejecting the application filed by the petitioners, filed under Order VI Rule 16 r/w Section 151 of the Code of Civil Procedure , seeking striking off the defence of the defendant.
2. Heard Smt. Shweta Krishnappa, learned counsel appearing for the petitioners and Sri T.H.Avin, learned counsel appearing for the respondent.
3. Facts, in brief, germane are as follows: -
The petitioners are the owners of the suit schedule property. They let it out on tenancy to the respondent who runs a pre-school in the name and style of ‘Oranges Play Home and Vidyadarpan Tutori
Court can strike off defense for non-compliance with rent payment orders, emphasizing that defiance of court directives is unacceptable and justifies severe consequences.
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
Eviction suit – Power to strike off defence is considered to be discretionary which is to be exercised with circumspection but relaxation is reserved for a bonafide tenant and not as a matter of cour....
(1) Striking off defence of tenant – Striking off defence is a serious matter and ought not to be resorted to unless there is a clear case of deliberate default or contumacious conduct on part of ten....
The court held that excess rent payments negate claims of default, emphasizing judicial discretion in striking off defenses under Order XV Rule V of C.P.C.
Judicial discretion must be exercised in eviction cases to avoid injustice against tenants, especially during bona fide delays caused by circumstances beyond their control.
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