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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
ALKA SARIN
Lt. Col. Arun Sharma (Retd.) – Appellant
Versus
Brig. Ashok Kumar Sharma – Respondent
JUDGMENT :
Alka Sarin, J.
The present revision petition has been filed challenging the impugned order dated 06.04.2023 (Annexure P-5) striking off the defense of the defendant-petitioner for non-compliance of Order 15 Rule 5 of the Code of Civil Procedure, 1908.
2. Brief facts relevant to the present lis are that the plaintiff- respondent herein filed a suit for possession by way of ejectment with recovery of arrears of rent and mesne profits/damages and permanent injunction. In the said suit it was stated that the plaintiff-respondent was owner of residential plot No.461 admeasuring 220 square meters, situated in a residential colony known as Sector 45, Gurgaon, Haryana. The said property consists of three floors and the first floor is occupied by the defendant-petitioners and his son and the other two portions are on rent. The defendant-petitioners were inducted as tenants on the first floor vide a lease deed dated 20.09.2013 for a period of 11 months and the defendant petitioners agreed to pay a monthly rent of Rs. 24,500/- per month excluding electricity and water charges. The defendant-petitioners further agreed to pay an amount of Rs. 49,000/- as security deposit. It was further
A tenant denying rent is not required to deposit until the court adjudicates the issue of tenancy, as per Order XV Rule 5 of the Code of Civil Procedure.
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.
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....
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
Point of Law : It is undisputed that rent has not been deposited before court concerned there is no provision in law to grant any relief, but the only option is to strike off the defence as provided ....
Non-compliance with lease payment obligations allows the court to strike off the defense under Order 15 Rule 5 CPC.
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