SUNIL KUMAR Vs. KAPOOR CHANDRA AGARWAL DHARAMSHALA TRUST

JUDGEMENT

(1.) These three petitions arise out of proceedings initiated by a common landlord, Sri Kapoor Chandra Agarwal, Dharamshala Trust, Kasganj, Kashiramnagar, for ejectment and arrears of rent, by filing three suits SCC Suit No. 04 of 2001, SCC Suit No. 08 of 2000 and SCC Suit No. 05 of 2001 respectively.

(2.) Counsel for the parties have requested that the case (Matters under Article 227 No. 5641 of 2015) may be treated to be leading petition, and they may be permitted to argue from the pleadings in the said petition.

(3.) The aforementioned suits were contested by the tenants by filing their written statements. It is undisputed that on the first date of hearing, the amount in question, as required under Order XV Rule 5 of the Code of Civil Procedure, was deposited; however, thereafter during the continuation of the suit proceedings, the monthly amount due was not deposited, and subsequently an application was moved under Order XV Rule 5 CPC for condoning the delay and for depositing the arrears of rent which as per the tenant-petitioners could not be deposited earlier due to wrong legal advice. The applications which were moved, were objected to by plaintiff-landlord by filing objections. The aforementioned applications which had been filed by the defendant-tenant on 29.11.2005 seeking condonation of delay and permission to deposit the arrears of rent, were allowed with costs of Rs. 1500/-. The aforementioned orders were challenged by the plaintiff-landlord by filing SCC revisions, which were dismissed vide order dated 01.09.2006 and against the aforesaid order the writ petitions, being writ petition nos. 66771/2006, 66769/2006 and 66770/2006 were filed.