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M. NAGAPRASANNA
Venugopal Krishnamurthy – Appellant
Versus
M. Tejaswini – Respondent
ORDER (CAV)
The petitioners/plaintiffs are before this Court calling in question an order dated 05-07-2024 passed by the LXIV Additional City Civil & Sessions Judge, Bengaluru City on I.A.No.X in O.S.No.5660 of 2022, rejecting the application filed by the petitioners, filed under Order VI Rule 16 r/w Section 151 of the Code of Civil Procedure, seeking striking off the defence of the defendant.
2. Heard Smt. Shweta Krishnappa, learned counsel appearing for the petitioners and Sri T.H.Avin, learned counsel appearing for the respondent.
3. Facts, in brief, germane are as follows: -
The petitioners are the owners of the suit schedule property. They let it out on tenancy to the respondent who runs a pre-school in the name and style of ‘Oranges Play Home and Vidyadarpan Tutorials’. The tenant defaults in payment of rents. The petitioners institute an eviction suit in O.S.No.5660 of 2022 on 30-08-2022 and file two applications – one seeking temporary injunction restraining the respondent/defendant from continuing further in the suit schedule property and I.A.No.2 for deposit of rents. On 02-03-2023 the defendant files her written statement and counter claim. The petitioners also file obje
Striking out defence of defendant – Judicial discretion must not be exercised in favour of a party indulging in contumacious defiance.
Court can strike off defense for non-compliance with rent payment orders, emphasizing that defiance of court directives is unacceptable and justifies severe consequences.
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....
The court held that excess rent payments negate claims of default, emphasizing judicial discretion in striking off defenses under Order XV Rule V of C.P.C.
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.
Judicial discretion must be exercised in eviction cases to avoid injustice against tenants, especially during bona fide delays caused by circumstances beyond their control.
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