Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant did not deposit monthly rent due within a week of its accrual in accordance with his liability under second part of O.15.R.5(1) CPC - Instead, tenant made applications for adjustment of rent due against expenses towards painting and repairs etc., which are not relevant..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Power to strike off defence is not to be exercised by treating it to be a statutory mandate - It is thus, not obligatory for Court in every case to strike off defence because of some delay in deposit of admitted rent - Judge of Small Cause Court held, justified in rejecting..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Purpose and object of O.15.R.5 CPC is to ensure that after determination of lease, while tenant is occupying the suit property during pendency of eviction proceedings, landlord must not be deprived of rent qua said period as it would cause undue loss to him...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Rate of rent between parties is Rs.2 lakhs per month which is not specifically denied by tenant - Nothing on record to prima facie substantiate the submission made by tenant that he paid the rent regularly - Even if Rs.15 lakhs paid by tenant to landlord as security as alleged by..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Non-payment of rent - Denial of title of plaintiff and denial of relationship of landlord and tenant simplicter does not and cannot absolve lessee/tenant to deposit the due amount of rent/damages for use and occupation, unless he could show having made such payment in a lawful and bonafide manner...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - 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 course...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - There is no holidaying for a tenant in payment of rent or damages for use and occupation, whether lease is subsisting or it has been determined...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Deposit of rent belatedly pursuant only to unsustainable order of High Court, do not enure to benefit of defendant and cannot wipe out default already committed by defendant - Defence of tenant rightly struck off by trial Court...........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-payment of rent - Defendant by his assertion and conduct has left nothing to doubt that he has been steadfast in not making payment of rent/damages despite being lessee of suit shop - Nothing of any fact or any circumstance existing on record to find even a remote reason for extending any latitude..........
Civil Procedure Code, 1908, Order 15, Rule 5 -- Striking off defence - Non-deposit of rent - Tenant admitted that she has paid rent from time to time and she is tenant - She also admitted that she has never paid rent before Court concerned after first hearing of suit as required U.O.15.R.5 CPC - Defence of tenant rightly struck off...........
