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ABDUL MOIN
Raish Hasan @ Babu – Appellant
Versus
Addl. Dist. Judge Court No. 1 Lko – Respondent
JUDGMENT
Abdul Moin, J.
Heard learned counsel for the revisionist and Shri. Goverdhan Lal, learned counsel appearing for the respondents no. 2 to 5.
2. With the consent of learned counsel appearing for the contesting parties, the revision is being finally decided.
3. The contention of learned counsel for the revisionist is that a suit was filed before the learned District Judge Lucknow by Shri. Kadir Aaga, the husband of the respondent no. 2 and father of respondents no. 3 to 5 praying for ejectment of the revisionist herein and praying for payment of arrears of rent. The property in dispute is a flat/apartment. The revisionist put in appearance before the learned trial court and filed his written statement, a copy of which is annexure 5 to the revision, specifically indicating that he is not a tenant of the premises in dispute rather there was an agreement for sale entered into between the plaintiff and him of which a substantial amount has already been paid and possession has been given.
4. However, as alleged arrears of rent were not deposited, consequently the plaintiff filed an application under Order XV Rule 5, Code of Civil Procedure indicating that as the alleged arrears of
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.
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 ....
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.
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: In the event of any default in making any deposit, "the court may subject to the provisions of sub-rule (2) strike off his defence
The burden of proof lies with the tenant to establish payment of arrears of rent, and failure to deposit rent during the pendency of the Suit can lead to eviction.
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....
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