Back
GURBIR SINGH
Spartans Club – Appellant
Versus
D. C. Chaudhary – Respondent
JUDGMENT :
Gurbir Singh, J.
1. Challenge in this petition is to the order dated 28.07.2023 (Annexure P-8), passed by learned Civil Judge (Junior Division), Faridabad (hereinafter referred to as – the Trial Court), whereby the application moved by the respondents/plaintiffs, under Order XV Rule 5 CPC, for striking off the defence of the petitioner/defendant has been allowed.
2. The brief facts, necessary for deciding the present revision petition, are that the respondents/plaintiffs filed a suit for ejectment of the petitioner/defendant from the demised premises and for recovery of total rent of Rs.8,40,000/- along with interest.
3. The case of respondents/plaintiffs is that the property in question was let out to the petitioner/defendant vide lease agreement dated 01.01.2016 @ Rs.1,10,000/- per month, for a period from 01.01.2016 to 31.12.2018. It was agreed for increase of lease amount by 10% every year on the existing rent.
4. Learned counsel for the petitioner has submitted that the petitioner/defendant appeared before the Court and thereafter, on 08.12.2022, filed written statement. The petitioner/defendant admitted that period of tenancy was three years. Since the lease agreement w
Failure to deposit the monthly rent due during the pendency of the suit can lead to the striking off of the defense under Order XV Rule 5 CPC.
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 deposit requirements under Order XV Rule 5 CPC is mandatory for tenants in eviction suits, and inconsistent conduct may not entitle them to relief.
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....
Failure to regularly deposit admitted monthly rent under Order 15 Rule 5 CPC without timely representation constitutes deliberate defiance justifying striking off tenant's defence in eviction suit.
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
