RAM CHANDRA Vs. SHABOO ALI

JUDGEMENT

(1.) List has been revised.

(2.) Heard learned counsel for the petitioner, however, learned counsel for the respondent is not present.

(3.) The petitioner has filed SCC Suit No.72/2016 in the Court of Judge Small Causes. After issuance of notice to the respondents, written statement was filed. The suit was in respect of recovery of arrears of rent and eviction from the shop in dispute. In the suit filed for recovery of rent, before first hearing of the suit, the tenant has to deposit the entire claimed arrears of rent before the trial Court. Due to non deposit of the rent in accordance with the provisions, the petitioner moved an application under Order 15 Rule 5 CPC for struck of the defense of the respondents. The trial Court has passed an order on the application on 27.08.2018 noticing that the tenant has deposited the rent in Miscellaneous Case No.36/2011 and the receipt in this regard is placed on record. Therefore, rejected the application moved by the petitioner to struck of the defense of the respondents.