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DELHI HIGH COURT
C.HARI SHANKAR
Madho Singh Chauhan – Appellant
Versus
Smriti – Respondent
| Table of Content |
|---|
| 1. nature of proceedings and parties involved. (Para 1 , 3 , 5) |
| 2. factual context of the property dispute. (Para 6 , 7 , 8) |
| 3. arguments for enhanced monthly payment. (Para 9 , 10 , 11 , 12) |
| 4. court's scrutiny of arguments and citations. (Para 13 , 14 , 15 , 17 , 20) |
| 5. article 227 jurisdiction and procedural adherence. (Para 21 , 22 , 24) |
| 6. procedural requirements under order xv-a. (Para 26 , 30 , 34) |
| 7. outcome of the proceedings and directions for trial court. (Para 36 , 39) |
| 8. clarification on payment dates. (Para 40) |
C. Hari Shankar, J.
1. These petitions are in the nature of cognate proceedings. The order dated 20th March, 2021, passed by the learned Additional District & Sessions Judge (ADJ) under Order XV-A(1) of the CPC, forms subject matter of challenge in CM(M) 602/2021, whereas the order dated 24th September, 2021, forming subject matter of challenge in CM(M) 851/2021, was passed by the learned ADJ under Order XV- A(2) of the CPC.
2. For ready reference, Order XV-A (1) and (2) of the CPC, as applicable to Delhi, may be reproduced thus:
" ORDER XV-A
STRIKING OFF DEFENCE IN A SUIT BY A LESSOR
(1) In any suit by a owner/lessor for eviction of
The court clarified that under Order XV-A of the CPC, unauthorized occupants must pay specified amounts regardless of local market rent, emphasizing the court's discretion in determining appropriate ....
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.
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....
The court highlighted the discretion of the court to issue directions for deposit of a reasonable amount under Order XV-A to safeguard the rights of the property owner and ensure compensation for the....
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
Strict compliance with the deposit requirements under Order XV Rule 5 CPC is mandatory for tenants in eviction suits, and inconsistent conduct may not entitle them to relief.
Court can strike off defense for non-compliance with rent payment orders, emphasizing that defiance of court directives is unacceptable and justifies severe consequences.
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