HEMANT GULATI Vs. CHANDAN JAIN

JUDGEMENT

(1.) THE petitioner Hemant Gulati in the above said matter has filed the present petition under Article 227 of the Constitution of India against the order dated 29th August, 2011 passed by the learned Additional District Judge, Patiala House Court, New Delhi, in Suit No.124/2010, whereby the application under Section 151 CPC filed by the respondent for striking out the defence of the petitioner on the grounds that the petitioner had not complied with the orders of payment of rent and deliberately flouting the orders of the Court.

(2.) IT is the admitted position that the respondent filed suit for possession and recovery of arrears of rent and mesne profits against the petitioner. By order dated 25th March, 2011, the petitioner was directed to make the entire arrears of rent with effect from 1st May, 2010 to 5th March, 2011 by 5th May, 2011. The directions were also passed to the effect that in case the payment is not made of such arrears of rent by the said date, the petitioner will be liable to pay the interest @6% per annum from the date when the said rent had fallen due till realisation and the petitioner shall continue to pay the rent on or before 5th of each English calendar month till the disposal of the suit. The petitioner admittedly failed to pay the rent due nor paid the subsequent rent uptil date as directed by the Court. The respondent No.1 is a widow lady and is only surviving of on her rental income. On the other hand the petitioner is avoiding to pay the same for the last more than three years.

(3.) SCOPE of interference in the petition under Article 227 of Constitution of India : In Waryam Singh and another ((supra)), the court observed; "This