RAJIV JAWA Vs. RAMESH PAL

JUDGEMENT

(1.) By this order CR No.189 of 2021, 2646 and 2651 of 2020 shall stand disposed of. Learned counsel for the parties are ad idem that these revision petitions can be disposed of by a common order.

(2.) An interesting question regarding the interpretation of Order 15 Rule 5 CPC, as added by the State of Punjab and Haryana as also applicable to the UT of Chandigarh, arises. The question which in the considered opinion of the Court requires determination is "whether the order of striking off the defence of the defendant-lessee, passed on account of default in the compliance of order under Order 15 Rule 5 CPC (added by the State1 amendment), can continue to operate in order to deprive the lessee an opportunity to defend the suit after the lessees have handed back the possession of the leased premises and now, the dispute is only as to what is the amount payable?" At this stage, it would be appropriate to extract Order 15 Rule 5 CPC as applicable to the State of Punjab and Haryana as also to the UT of Chandigarh:-

(3.) Certain facts are required to be noticed. The petitioners herein are alleged lessees of various portions of the property C/3 Old DLF colony, Sector 14, Urban Estate, Gurgaon. The petitioners in these three petitions are husband and wife. It is alleged that Rajeev Jawa had taken the third floor and 20% of the stilt portion on the payment of Rs.98,000.00 per month whereas Neelu Jawa and others are alleged to have taken on lease the second floor and 20% of the aforesaid property. After having terminated the lease by serving a notice, respondent landlord filed a suit for ejectment and recovery of mesne profits. During the pendency of the suit, an application was filed by the plaintiff-landlord under Order 15 Rule 5 CPC. The defendant-lessees contested the suit and disputed the liability. The trial Court directed the defendant-lessees to pay the amount within one month of the order failing which their defence will be struck off. The defendant-petitioner filed CR No.2646 and 2651 of 2020 which came up for hearing on 21/12/2020 and the following order was passed:-