Pardeep Khurana vs Dharambir Singh - 2023 Supreme(P&H) 3542

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2023 Supreme(P&H) 3542

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKAS BAHL
Pardeep Khurana – Appellant
Versus
Dharambir Singh – Respondent

Advocates Appeared:
For the Petitioner:Mr. Himanshu Arora, Advocate,
For the Respondent:Mr. Kushagra Mahajan, Advocate

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 leg