J.B.Motors vs Hemlata Kapoor - 2025 Supreme(All) 3107

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(All) 3107

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
CHANDRA KUMAR RAI
J.B.Motors – Appellant
Versus
Hemlata Kapoor – Respondent

Advocates Appeared:
For the Appellant : Mr. Shreyas Srivastava
For the Respondent: Ms. Rama Goel Bansal & Ms. Shalini Goel

Table of Content
1. hearing and representation of parties in court. (Para 1)
2. landlord-tenant relationship and claims of property ownership. (Para 2)
3. petitioner's rights regarding property ownership. (Para 3)
4. respondents' challenge to the trial court's decision. (Para 4)
5. acknowledgment of facts and prior orders from courts. (Para 5 , 6)
6. discretionary power of the court under order 15 rule 5. (Para 7 , 8)
7. the implications of striking off defense due to failure to pay rent. (Para 9 , 10 , 11)
8. final decision to set aside the revisional order. (Para 12 , 13 , 14)

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Shreyas Srivastava, learned counsel for the petitioner-defendant and Mrs. Rama Goel Bansal along with Ms. Shailini Goel, learned counsel appearing for the respondents-plaintiffs.

2. Brief facts of the case are that respondents-plaintiffs have instituted a Small Cause Suit No.3 of 2016 before the Judge, Small Cause Court, claiming themselves to be the landlord of the property in question. The respondents-plaintiffs are claiming their title through Mr. Harish Chandra Kapoor, the late husband of respondent no.1 and late father of respondent no.2. The property in question is pa