Back
J. J. MUNIR
Gomti Devi – Appellant
Versus
Addl. District Judge, Unnao – Respondent
JUDGMENT :
J.J. MUNIR, J.
1. This petition under Article 227 of the Constitution is directed against an order passed by the learned Additional District Judge, Court No. 1, Unnao dated 30.11.2021, allowing SCC Revision No. 6 of 2015 preferred by the landlord-respondents, setting aside an order of the Judge, Small Cause Court dated 30.07.2015 with a remand to the Trial Judge to decide Applications Nos. 315Ga and 319 Ga, afresh.
2. SCC Suit No. 7 of 2003 was instituted by the defendant-respondents against the plaintiff-petitioner, seeking a decree of eviction, recovery of arrears of rent and damages for use and occupation. The Suit was instituted on 19/20.10.2003. The plaintiffs' evidence was over by 17.09.2004 and, thereafter the suit was posted for the defendant to lead her evidence, besides disposal of the remainder of applications, pending.
3. At this stage, the plaintiff-respondents moved an application under Order XV Rule 5 CPC, bearing Paper No. 315 Ga, seeking to strike off the defendant-petitioner's defence. It was said by the plaintiff-respondents that the defendants-petitioner had made an application bearing Paper No. 24 Ga on 29.04.2004 seeking to deposit arrears of rent and d
The provisions of Order XV Rule 5 CPC regarding the deposit of rent are mandatory and must be strictly complied with, and any deposit not made in accordance with the rule cannot enure the benefit of ....
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.
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.
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....
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 ....
Compliance with the statutory requirement for rent deposit under the West Bengal Premises Tenancy Act is crucial for maintaining the defence against possession.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
