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MANJARI NEHRU KAUL
Kanta Kumari – Appellant
Versus
Bhag – Respondent
JUDGMENT
Manjari Nehru Kaul, J. (Oral) - The petitioner/lessee is seeking setting aside of the order dated 18.09.2019 (Annexure P-7) passed by learned Civil Judge (Jr. Divn.), Chandigarh whereby an application moved by her for permission to deposit the lease amount before the Court concerned was dismissed.
2. Learned counsel appearing for the petitioner submits that while passing the impugned order, the Court concerned, overlooked the statutory provisions of Order 15 Rule 5 of the Code of Civil Procedure, 1908 (for short, 'the Code') which enunciates that in the event of default by the tenant/lessee in making monthly payment of rent during the pendency of the suit, his/her defence would be struck off. Learned counsel contends that the petitioner who is a lessee, had been regularly paying the rent to the respondent prior to the institution of the suit in question and even now to show her bonafides in compliance of Order 15 Rule 5 of the Code, she was ready and willing to continue depositing the monthly rent so as to avoid any adverse inference against her. Learned counsel still further submits that when the petitioner tried to pay the rent to the respondent, he intentionally for reaso
The applicability of Order 15 Rule 5 of the Code of Civil Procedure, 1908 depends on the nature of the relief sought by the plaintiff and the disputed rate of rent.
The court highlighted the importance of tenants depositing monthly rent regularly during eviction proceedings and the discretionary power of the court to strike off the defense for non-payment of ren....
Strict compliance with the requirements of Order XV Rule 5 CPC and the need for the tenant to deposit the monthly rent in the Court where the suit is filed.
The provisions of Order XV Rule 5 CPC regarding the deposit of rent are mandatory and must be strictly complied with, and any deposit not made in accordance with the rule cannot enure the benefit of ....
Judicial discretion must be exercised in eviction cases to avoid injustice against tenants, especially during bona fide delays caused by circumstances beyond their control.
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....
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