ARVIND KHANNA Vs. SHASHI BALA

JUDGEMENT

(1.) This Civil Revision Petition under Section 115 of the Code of Civil Procedure has been filed against order dated 2.7.2005 passed by Civil Judge, Delhi dismissing an application under Section 151 CPC of the petitioner- defendant for taking his written statement on record and for setting aside the order dated 21.3.2005 striking out the defence of the petitioner-defendant.

(2.) I have heard the parties in person. Earlier I had heard the learned counsel for the parties as well.

(3.) Briefly the facts are that the respondent (herein after referred to as the plaintiff) filed a suit for possession and recovery, damages/ mesne profits against the petitioner (hereinafter referred to as the defendant) in May, 2003 alleging that she was the owner of the flat No.26, Jaina Apartment, Plot No.26, Sector-13, Rohini, Delhi and had let the same on 8.5.1995 to the defendant at a monthly rent of Rs.1400/- besides Rs.200/- as maintenance charges of the Housing Society. Electricity and water charges were to be paid by the defendant as per bills to the concerned authorities. In August, 1996 the rent was enhanced to Rs.1700/- and again it was enhanced to Rs.2500/- in 1997. The other charges remained the same. The defendant stopped paying rent w.e.f. 8.3.1998. Notice was served upon him. The defendant was stated to be in arrears w.e.f. 8.3.1998. The litigation started before the Rent Controller. The defendant objected that the petition was not maintainable under the Delhi Rent Control Act because the relationship was of lessor and lessee. Therefore the owner-plaintiff filed a suit for possession and recovery of Rs.79,400/-. On 5.2.2004 the defendant was proceeded ex parte. Ex parte evidence was recorded and judgment was passed on 27.7.2004 for recovery of possession and recovery of rent @ Rs.1700/- per month w.e.f. 7.4.2003, Rs.200/- as maintenance charges for Housing society and Rs.700/- per month for water and electricity charges. The suit was decreed with costs.