ROOTS BANGALORE Vs. M S RAMARAJU

JUDGEMENT

(1.) THE landlord, respondent 1 herein filed O.S. No. 15927 of 2004 against the petitioners-M/s. Roots, M/s.Mahesh Enterprises and M/s. Turkman Carpets and Crafts seeking for a decree to vacate and handover vacant possession of the suit schedule property. During the pendency of the proceedings, an application under Section 151 of the Code of Civil Procedure, 1908 was filed by the landlord, first respondent seeking a direction to the first defendant namely, M/s.Mahesh Enterprises to pay the present rent and the Corporation Tax or the second and third defendants to deposit in the Court, a sum of Rs. 4,73,542/- failing which, the written statement filed by the defendants be rejected. By the order dated 2-3-2007, the I.A. was partly allowed. THE relevant portion reads thus:

(2.) SRI Ashok Patil, learned Counsel appearing for the petitioner in W.P. No. 11854 of 2007 contends that the impugned order passed by the Trial Court is wholly without jurisdiction. He contends that when there was an order directing payment of rents, the same was passed without any contingency. Hence on the non-compliance of order depositing rents, an order for issue of delivery warrant cannot be issued. The order of issue of delivery warrant is beyond jurisdiction and is liable to be set aside on that ground alone.

(3.) HEARD learned Counsels.