Back
MANOJ KUMAR TIWARI
Gulshan Pahwa – Appellant
Versus
Dargah Peer Dariyanath Ji Shrawannath Nagar, Haridwar – Respondent
JUDGMENT :
1. This is tenants’ petition against the judgment and order dated 11.11.2016 passed by 5th Additional District Judge, Haridwar in SSC Revision No. 35 of 2015. By the said judgment, order passed in S.C.C. Suit No. 4 of 2009 by learned Judge, Small Cause Court/Civil Judge (J.D.), Haridwar was set aside and the matter was remanded back to reconsider on landlord’s application filed under Order 15 Rule 5 CPC.
2. The order passed by learned Judge Small Cause Court on 15.07.2015, which was set aside by Revisional Court is on record as Annexure 5 to the writ petition. Perusal of the said order reveals that landlord/plaintiff had filed an application under Order 15 Rule 5 CPC with the contention that the tenant has not complied the provision contained in Order 15 Rule 5 CPC, therefore, his defence deserves to be struck off. Petitioners filed objection to the said application stating that they had given admitted rent between 01.02.2009 to 31.08.2009 to learned counsel for the plaintiff, and thereafter, the admitted rent is being deposited in court. Learned Judge, Small Cause Court rejected the application filed by landlord on the ground that the lis should be decided after hearing
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.
Eviction suit – Power to strike off defence is considered to be discretionary which is to be exercised with circumspection but relaxation is reserved for a bonafide tenant and not as a matter of cour....
(1) Striking off defence of tenant – Striking off defence is a serious matter and ought not to be resorted to unless there is a clear case of deliberate default or contumacious conduct on part of ten....
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 ....
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 court highlighted the importance of tenants depositing monthly rent regularly during eviction proceedings and the discretionary power of the court to strike off the defense for non-payment of ren....
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
