HARYANA FINANCIAL CORPORATION Vs. KULWANT KAUR

JUDGEMENT

(1.) Mr. N.K.Sharma is the sole proprietor of M/s. Tarun Products. This concern took shed No. A-16/ 8, DLF, Industrial Estate No. 1, Mathura Road, Faridabad, on lease from Mrs. Kulwant Kaur. The said Mr. Sharma also took loan from the Haryana Financial Corporation. It appears that lease rights in the shed were mortgaged at the time of the sanction of the loan. On default in repayment of the loan, the possession of the premises was taken over by the Haryana Financial Corporation under Section 29 of the State Financial Corporation Act, 1951. Ever since the taking over of the possession in the year 1988, the rent of the premises was not paid to Mrs. Kulwant Kaur. It appears that she filed a petition for eviction in the court of Rent Controller, Faridabad. In those proceedings, M/s. Tarun Products, Mr. N.K. Sharma and the Haryana Financial Corporation were impleaded as respondents. Each of the respondents denied its liability to pay the arrears of rent as also to hand over possession. The petition was dismissed on March 16, 1992.

(2.) It appears that sensing the fate of the petition under Section 13 of the Haryana Urban (Control of Rent & Eviction) Act, 1973, Mrs. Kulwant Kaur filed a suit for recovery of Rs. 49548/- against the three respondents During the pendency of the suit, an application under Order 15 rule 5 for striking off the defence of the defendants was filed on the ground that they had failed to pay the money due to the lessor. This application was allowed by the learned trial Court vide its order dated November 16, 1992. Aggrieved by the order, the Haryana Financial Corporation has approached this Court through the present revision petition.

(3.) Mr. Adarsh Jain, counsel for the petitioner contends that in the suit for recovery of money by the lessor, the provisions of Order 15 Rule 5 could not have been invoked. Thus, the trial court had erred in striking off the defence of the petitioner.