JUDGMENT :

VIKAS BAHL, J.  

1. Present civil revision petition has been filed by the defendant under Article 227 of the Constitution of India for setting aside the order dated 06.05.2023 (Annexure P-9) as well as the order dated 06.05.2023 (Annexure P-10) whereby the defence of the petitioner has been struck off. Challenge is also to the order dated 02.07.2022 (Annexure P-6) whereby the application filed by the petitioner under Order 7 Rule 11 CPC was dismissed.

2. The respondent/plaintiff had filed a suit for possession along with recovery of outstanding rentals and mesne profits on the plea that the respondent was the owner of the shop bearing No.S-15, Sector 29, Leisure Valley Park, Gurugram and that the present petitioner was inducted as a tenant of the said property vide rent agreement dated 02.02.2019 on a monthly rent of Rs.18,000/- to be paid in advance by 7^th day of every English calendar month. It was further the case of the respondent that only one payment of advance rental on the date of signing of the rent agreement and one payment of Rs.18,000/- as security was paid by the petitioner and thereafter, he kept avoiding the rental payments and thus the respondent issued a legal notice dated 22.11.2021 to the petitioner/defendant. It was averred in the plaint that in the reply to the legal notice, the petitioner questioned the ownership of the respondent/plaintiff. In the said suit, the following prayers were made by the respondent:-

“On the aforesaid grounds, it is most respectfully prayed that the suit of the plaintiff be allowed throughout with costs and:

i) a decree of possession of the Shop No. S-15, Sector 29, Leisure Valley Park, Gurugram be passed in favour of the plaintiff and against the defendant;

ii) a decree of recovery of Rs. 7,02,666/-(Rs. Seven Lakh Two Thousand Six Hundred Sixty Six only) on account of due rents uptill 1.01.2022 along with interest @ 9% p.a. from the date due till repayment be passed in favour of the plaintiff and against the defendant;

iii) a decree of recovery of mesne profits to the tune of Rs. 23,958/- (Twenty Three Thousand Nine Hundred and Fifty Eight only) per month, being agreed rent as enhanced as per the rent agreement, from the month of February 2022 with further 10% annual enhancement till delivery of actual, physical and vacant possession be passed in favour of the plaintiff and against the defendant;

iv) Any other or further order as this Hon'ble Court deem fit may also be passed in favour of the plaintiff and against the defendant;”

3. On 20.05.2022, an application was filed by the petitioner under Order 7 Rule 11 read with Section 151 CPC raising objections beyond the parameters of Order 7 Rule 11 CPC, which enumerates grounds for rejection of plaint. The said application was filed in the form of defence pleas by the petitioner. The trial Court vide order dated 02.07.2022 dismissed the said application. The said order was not immediately challenged by the petitioner. On 25.04.2023, the trial Court on an application under Order 15 Rule 5 CPC filed by the respondent was pleased to pass the following order: -

“6. Therefore, in view of the mandatory provision of Order XV Rule V CPC and keeping in view the admitted position that respondent is residing in the premises, the respondent is under obligation to make the payment of arrears of rent within period of seven days as provided under Order XV Rule V CPC failing which the defence of respondent tenant would be struck off at 10:30PM sharp. The petitioner is directed to supply the copy of his passbook or bank account number so that the aforesaid amount can be transferred in the bank account of landlord even without physical appearance of the respondent tenant but no further date shall be granted for payment of rent of Rs.12,66,787/- Therefore, the aforesaid application is disposed off and now to come upon 02.05.2023 for report regarding payment of rent.

Date of Order: 25.04.2023

(Anil Kumar Yadav)

CJ/JD, Gurugram

UID No.HR-0415.”

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