KANTA KUMARI Vs. BHAG

JUDGEMENT

(1.) The petitioner/lessee is seeking setting aside of the order dtd. 18/9/2019 (Annexure P-7) passed by learned Civil Judge (Jr. Divn.), Chandigarh whereby an application moved by her for permission to deposit the lease amount before the Court concerned was dismissed.

(2.) Learned counsel appearing for the petitioner submits that while passing the impugned order, the Court concerned, overlooked the statutory provisions of Order 15 Rule 5 of the Code of Civil Procedure, 1908 (for short,'the Code') which enunciates that in the event of default by the tenant/lessee in making monthly payment of rent during the pendency of the suit, his/her defence would be struck off. Learned counsel contends that the petitioner who is a lessee, had been regularly paying the rent to the respondent prior to the institution of the suit in question and even now to show her bonafides in compliance of Order 15 Rule 5 of the Code, she was ready and willing to continue depositing the monthly rent so as to avoid any adverse inference against her. Learned counsel still further submits that when the petitioner tried to pay the rent to the respondent, he intentionally for reasons but obvious refused to accept the same and it was in the aforesaid background and circumstances, the petitioner sought permission from the Court below to deposit the rent before it else she would have to face adverse consequences, which would be prejudicial to her case.

(3.) I have heard learned counsel and perused the relevant material on record.