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MANOJ KUMAR OHRI
Rattan Mehta And Another – Appellant
Versus
Gayatri Shah – Respondent
JUDGMENT
Manoj Kumar Ohri, J. - By way of present appeal filed under Order XLIII Rule 1(f) read with Section 151 CPC, the appellants have assailed the order dated 23.12.2019 passed by the learned ADJ-04, Patiala House Courts, New Delhi in CS No.55540/2016, whereby the appellants'/defendants' defence was struck off and the written statement filed by them was directed to be taken off the record.
2. Brief facts, in nutshell, to appreciate the challenge are that the respondents/plaintiffs preferred a suit for possession, mesne profits and damages. In the plaint, the respondents claimed themselves to be owners of property bearing No. 25-A, C Block, Vasant Vihar Market (Local Shopping Centre-1), New Delhi (hereinafter, referred to as 'the suit property'). It was further claimed that a shop on the ground floor of the suit property was leased to Smt. Anju Mehta and appellant No.1 vide Lease Deed dated 15.05.1984 at a monthly rent of Rs.1,500/-, whereafter the defendants created a sub-tenancy in favour of M/s Mahima Caps (P) Ltd. by entering into an Agreement dated 15.07.2004 (hereinafter, referred to as 'the Agreement'). The Agreement, a copy of which was filed alongwith the plaint, was stat
Non-compliance with Order for Discovery - The defendants' answer to the interrogatories, in the manner it was given, i.e., denying entering into and execution of the Agreement, would attract conseque....
Trial court justified in striking out defence under Order XI Rule 21 CPC for willful non-compliance with unchallenged order to produce pleaded documents on oath.
Defendants must provide complete and truthful responses to interrogatories; failure to comply with court orders justifies correction by higher courts.
Point of Law : There is a landlord tenant relationship, the burden automatically falls upon the tenant to prove that he is not a defaulter in payment of rent.
The breach of a status-quo order and the execution of a Power of Attorney were considered, and the court upheld the Appellate Court's decision, directing the deposit of the Power of Attorney and rest....
If tenants fail to vacate said premises on expiry of tenancy period, tenants shall pay a sum of Rs.3,000/- per day towards penalty alongwith monthly rent to landladies.
Non-compliance with court orders can lead to severe consequences, including striking off of defenses, particularly in cases of willfulness.
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