PUNJAB WAQF BOARD Vs. PARDEEP SINGH

JUDGEMENT

(1.) The revisionist Punjab Waqf Board (in short, 'the Board') which was plaintiff before the Court of learned Civil Judge (Junior Division), Batala had filed a suit for possession by way of ejectment after determination of lease/tenancy of the defendant Gurcharan Singh and others and for recovery of mesne profits for use and occupation of the property detailed therein. During the course of trial, an application under Order 15 rule 5 CPC was moved on the grounds that the defendants (now respondents) have not disputed rate of mesne profits of Rs. 625/- per month while admitting the relationship of landlord and tenant and that the lease since stands terminated and the defendant/respondents have failed to deposit the mesne profits entails striking off their defence. The respondents have denied the averments of the applicant and claim that infact the rate of rent was Rs. 125/- per month and that they had deposited the rent of Rs. 10,000/- earlier and therefore there was dispute over the rate of rent/lease money and the application does not sustain. The Court of learned Civil Judge (Junior Division), Batala through impugned findings dated 15.09.2017 had dismissed the application and that is how the present challenge has come about.

(2.) Heard Mr. Ghulam Nabi Malik, Advocate for the petitioner; Mr. BBS Randhawa, Advocate for respondent No.1 and perused the records of the case.

(3.) It is a clear cut stand of the respondents/tenants that rate of rent was Rs. 125/- per month and that the defendants (now respondents) have deposited the rent by way of bank draft of Rs. 10,000/- favouring the plaintiff/petitioner and therefore mandate of Order 15 Rule 5 CPC was not applicable.