SATINDER KUMAR Vs. RAMWATI

JUDGEMENT

(1.) THE petitioner is aggrieved of the order dated 8.3.2013 passed by the learned Civil Judge (Junior Division), Panipat by which his defence was struck off under the provisions of Order 15 Rule 5 C.P.C. The respondent has preferred a suit for possession by ejectment alleging that the petitioner is a lessee on the suit property for a monthly rent of Rs.2100/ - in addition to electricity charges and house tax. It was averred that the petitioner had paid rent upto December, 2005 but no payment was made thereafter. The respondent had to file a petition for recovery of arrears of rent from 1.9.2007 to 21.8.2010 i.e. the date immediately preceding the date of filing of the petition.

(2.) THE aforesaid stand was refuted by the petitioner by filing his written statement and pleading that Rs.1500/ - was the agreed rent and not Rs.2100/ - as claimed by the respondent. The plea of having paid an advance security of Rs.1,50,000/ - was also raised. A prayer was made that appropriate direction be issued to the petitioner to make the payment of rent agreed at the rate of Rs.1500/ - per month along with interest at the rate of 9% for the period from 1.9.2010 to 23.5.2012.

(3.) IT may be noticed that the respondents had moved an application for striking off the defence of the petitioner in the year 2012 by raising the plea that the petitioner had failed to deposit the rent/lease amount since the filing of the suit i.e. the year 2010. At the time of making submissions, it was stated by the learned counsel for the respondents that the rent for the subsequent period has also not been paid.