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Judgment
A.K. Pathak, J.
I.A. No. 14823/2011 (u/O.15(A) CPC) in CS (OS) 2285/2011
By this Application the plaintiff has inter alia prayed that the defendant to be directed to deposit entire arrears of rent/mesne profits at least at the
agreed rate of Rs. 1,25,000/- per month w.e.f. December 2010, till June 2011, and thereafter with 20% enhancement and continue to deposit the
same. It is further prayed that the amount so deposited, be released to the plaintiff. As per the plaintiff, defendant defaulted in the payment of rent
this, lease was terminated by issuing a notice u/s 106 of the Transfer of Property Act, 1882. Order 15(A) is read as under:
ORDER 15(A)
STRIKING OFF DEENCE IN A SUIT BY A LESSOR
(A) In any suit by a owner/lessor for eviction of an unauthorized occupant/lessee or for the recovery of rent and future mesne profits from him, the
defendant shall deposit such amount as the Court may direct on account of arrears upto the date of the order (within such time as the Court may
fix) and thereafter continue to deposit in each succeeding month the rent claimed in the suit as the Court may direct. The defendant shall continue to
deposit such amount till the decision of the suit unless otherwise directed.
In the event of any default in making the deposit as aforesaid, the Court may subject to the provisions of Sub-rule (2) strike off the defence.
(2) before passing an order for striking off the defence, the Court shall serve notice on the defendant or his Advocate to show cause as to why the
defence should not be struck off, and the Court shall consider any such cause, if shown in order to decide as to whether the defendant should be
relieved from an order striking off the defence.
(3) The amount deposited under this rule shall be paid to the plaintiff owner/lessor or his Advocate and the receipt of such amount shall not have
the effect of prejudging the claim of the plaintiff and it would not also be treated as a waiver of notice of termination.
A categorical averment has been made in the application that the ""defendant has not paid rent since December, 2010 and occupying the suit
property without payment of any rent. Reply of the defendant on this point is vague, inasmuch as it has not been specifically alleged that rent has
been paid by the defendant regularly after December, 2010. On the contrary, perusal of the reply gives an impression that the rent has not been
paid from December, 2010 onwards. Defendant has alleged that on account of leakage in the premises defendant had suffered losses to the extent
of Rs. 30 to 35 lakh. Defendant had to carry out major repairs in order to solve the problem of leakage. For this reason, plaintiff had waived the
rent which was evident from the fact that plaintiff had not deposited the cheque for Rs. 4 lakh given by the defendant to plaintiff.
In my view, defendant had no right to unilaterally stop the payment of rent under the garb of adjusting the alleged damages, in respect whereof
even no counter claim has been filed. Defendant cannot be permitted to continue to occupy the suit property without paying any charges to the
plaintiff. In view of above discussions, defendant is directed to deposit up to date arrears of rent at the rate of Rs. 1,25,000/- per month w.e.f.
December, 2010, with the Registrar General of this Court within four weeks. Defendant shall also continue to deposit the monthly rent @ Rs.
1,25,000/- per month with the Registrar General of this Court on or before 7th day of each calendar month, in advance.
Plaintiff is granted liberty to file appropriate application for striking off the defence, of the defendant in case Order is not complied with.
In case, deposits are made by the defendant, in terms of this order amount so deposited, be released to the plaintiff.
I.A. 3776/2012
Issue notice. Mr. O.N. Sharma, Advocate, accepts notice on behalf of the defendant. Reply be filed within four weeks. Rejoinder thereto, if any,
be filed within two weeks thereafter.
Renotify on 11th May, 2012.
CS(OS) 2285/2011
Renotify on 11th May, 2012.