GURJIT SINGH GILL Vs. MAJOR PARAMJIT SINGH GOTHRA

JUDGEMENT

(1.) THIS petition filed under Section 115 of the Code of Civil Procedure, 1908 (for brevity 'the Code') prays for quashing order dated 16.2.2004 passed by the Civil Judge (Jr. Division) Kharar holding that the provisions of Order XV Rule 5 of the Code are mandatory in character and defendant-petitioner is under an obligation to pay arrears of rent @ Rs. 3,300/- p.m. from July, 2002 till the date of the application and upto 10.3.2004.

(2.) PLAINTIFF -respondent has filed Civil Suit No. 638 dated 27.2.2004 seeking possession by way of ejectment of the defendant-petitioner from the suit property. Further prayer has also been made for recovery of arrears of rent of Rs. 26,400/- @ Rs. 3,300/- p.m. with interest @ 18 per cent from the due date till its realisation. The application has been allowed by the Civil Judge holding that the provisions of Rule 5 of the Order XV are mandatory in character and the rate of rent of Rs. 3,300/- p.m. was admitted in the suit filed earlier.

(3.) AFTER hearing the learned counsel and perusing the impugned order, I am of the considered view that this petition is devoid of any merit and is thus liable to be dismissed. The payment of rent under Rule 5 of the Order XV of the Code is mandatory and if the defendant-petitioner commits default in making payment of arrears then the consequences flowing from Rule 5 of Order XV are bound to flow namely that his defence has to be struck off. Rule 5 of ORDER XV of the Code as incorporated by Punjab, Haryana and Chandigarh amendments read as under :