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2019 Supreme(All) 1041

YOGENDRA KUMAR SRIVASTAVA
Sunil Kumar – Appellant
Versus
Kapoor Chandra Agarwal Dharamshala Trust – Respondent


Advocates Appeared:
Rakesh Kumar Garg, Adv., Nitin Kumar Agrawal, Adv.

JUDGMENT :

Yogendra Kumar Srivastava, J.

These three petitions arise out of proceedings initiated by a common landlord, Sri Kapoor Chandra Agarwal, Dharamshala Trust, Kasganj, Kashiramnagar, for ejectment and arrears of rent, by filing three suits SCC Suit No. 04 of 2001, SCC Suit No. 08 of 2000 and SCC Suit No. 05 of 2001 respectively.

2. Counsel for the parties have requested that the case (Matters under Article 227 No. 5641 of 2015) may be treated to be leading petition, and they may be permitted to argue from the pleadings in the said petition.

3. The aforementioned suits were contested by the tenants by filing their written statements. It is undisputed that on the first date of hearing, the amount in question, as required under Order XV Rule 5 of the Code of Civil Procedure, was deposited; however, thereafter during the continuation of the suit proceedings, the monthly amount due was not deposited, and subsequently an application was moved under Order XV Rule 5 CPC for condoning the delay and for depositing the arrears of rent which as per the tenant-petitioners could not be deposited earlier due to wrong legal advice. The applications which were moved, were objected to by plainti

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