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NEERAJ TIWARI
Satya Narayan Bhagat – Appellant
Versus
Pitambar Dutt Pandey – Respondent
JUDGMENT :
Neeraj Tiwari, J.
1. Heard Sri N.K. Chaturvedi, learned counsel for revisionist and Sri Hausihla Prasad Mishra, learned counsel for respondents.
2. Learned counsel for revisionist submitted at the bar that he does want to press the revision against order dated 4.12.2021 passed by Additional District and Sessions Judge/Special Judge (Prevention of Corruption Act), Court No. 3, Gorakhpur and he may be given liberty to file fresh revision against order dated 4.12.2021, for which Sri Hausihla Prasad Mishra, learned counsel for respondents has no objection.
3. Accordingly, present revision stands dismissed against order dated 4.12.2021 with the aforesaid liberty.
4. Learned counsel for the revisionist submitted that plaintiff/respondents have filed SCC Suit No. 10/2017 for eviction, arrear of rent and damages on 24.8.2017 in which defendant/revisionist has filed written statement on 28.3.2003 and taken specific plea that he had already deposited the entire due amount prior to filing of suit through different mode. Later on, after refusal of receiving of rent, he had also instituted a case under Section 30(1) of U.P. Act No. 13 of 1972 and continuously depositing the rent amount th
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 ....
Point of Law : The provisions under Order XV Rule 5(2) provides a locus poenitentiae to the defaulting tenant to make a representation, which must be made within ten days of the first hearing or with....
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.
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.
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