Navneet Kaur Sethi vs Payal Jaggi - 2022 Supreme(P&H) 1695

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1695

MANJARI NEHRU KAUL
Navneet Kaur Sethi – Appellant
Versus
Payal Jaggi – Respondent

Advocates appeared:
Mr. Shashi Kumar Yadav, for the Appellant,

JUDGMENT

Manjari Nehru Kaul, J. (Oral) - The petitioner by way of instant revision petition is impugning the order dated 02.05.2022 (Annexure P-6) passed by learned Civil Judge (Jr. Divn.), Gurugram vide which the application filed by the respondent/plaintiffs under Order 15 Rule 5 of the CPC for striking off their defence on account of non-payment of rent was allowed.

2. Learned counsel for the petitioner submits that the impugned order deserves to be set aside being contrary to the settled law. He submits that the trial Court erred in ignoring the fact that the petitioner had already paid Rs.15 lakhs as security at the time of commencement of the tenancy, to the respondents/plaintiffs on the condition that the aforementioned amount would either be adjusted towards rent in future or would be returned back at the time of termination of the tenancy. Learned counsel submits that in view of the aforementioned conditions, there was no occasion for the petitioner to pay any rent to the respondents/plaintiffs as Rs.15 lakhs already stood paid to the respondents/plaintiffs. He further submits that the petitioner had been regularly paying the rent to the respondents which she would prove dur

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