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J. J. MUNIR
Anoop Mehrishi – Appellant
Versus
Ashok Kumar Mishra – Respondent
JUDGMENT :
1. This revision under Section 25 of the Provincial Small Cause Courts Act, 1887 is directed against an order of Mr. Devashish, Additional District Judge, Court No.10, Varanasi, sitting as the Judge, Small Cause Court dated 05.04.2022, striking off the tenants’ defence under Order XV Rule 5 of the Civil Procedure Code, 1908 (for short, ‘the Code’).
2. The plaintiff-respondent, Ashok Kumar Mishra, who shall hereinafter be referred to as ‘the landlord’, instituted S.C.C. Suit No. 5 of 2022 in the Court of the District Judge, Varanasi (sitting as the Judge, Small Cause Court) against the defendant-revisionists (for short, ‘the tenants’), seeking a decree for eviction of the tenants from the shop detailed at the foot of the plaint. In addition, a decree for recovery of arrears of rent to the tune of Rs.2,69,237/-for the period 02.04.2017 to 12.03.2020 was sought. A further sum of Rs. 32,013/-was claimed as mesne profits for the period 13.03.2020 to 08.07.2020. These claims apart mesne profits at the rate of Rs.8545/-per month were claimed pendente lite and future till delivery of actual physical possession to the landlord. The aforesaid suit was instituted by the landlord, see
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.
The main legal point established is that the defendant must comply with the provisions of Order XV Rule 5 of the C.P.C. and pay the admitted rent at the first hearing and the monthly amount due throu....
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....
Strict compliance with the requirements of Order XV Rule 5 CPC and the need for the tenant to deposit the monthly rent in the Court where the suit is filed.
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 ....
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