GOVIND SINGH Vs. MYNAH INTERNATIONAL LTD

JUDGEMENT

(1.) THE plaintiffs-petitioners have filed this petition under Article 227 of the Constitution of India for setting aside the order dated November 22, 2005 passed by the Additional Civil Judge (Sr. Division), Gurgaon, refusing to strike off the defence of the defendant under Order 15, Rule 5 CPC.

(2.) THE case of the petitioners is that vide a registered conveyance deed dated November 4, 2004, they have purchased two shops bearing Nos. SF-36 and SF-37 situated on the second floor of centrally air conditioned shopping mall known as "The Metropolitan", Gurgaon-Mehrauli Road, Gurgaon. According to them, these two shops are having super area measuring 1660 sq. feet. The said two shops were leased out to the defendant-respondent by a registered lease deed dated July 13, 2004. It is their case that according to the lease deed, the monthly rent of the aforesaid two shops was agreed at the rate of 70/- per sq. feet of the super area of 1660 sq. feet, which works out at Rs. 1,16,200/- per month. It has been further stated that the defendant failed to pay the outstanding rent for the months of February, March and April, 2005. For that, the petitioners served a legal notice on him on May 4, 2005 for making the outstanding payment. When the defendant did not pay the outstanding amount of rent, the petitioners terminated the lease of the defendant vide notice dated June 10, 2005, and consequently filed the suit for possession by way of ejectment and for recovery of the outstanding lease amount against the respondent on July 29, 2005.

(3.) AFTER framing of the issues, on September 21, 2005, the petitioners filed an application under Order 15, Rule 5 CPC for striking out the defence of the defendant on the ground that the defendant has failed to deposit the entire admitted amount of rent alongwith interest as envisaged under the aforesaid provisions. In that application, the defendant-respondent filed reply-cum- representation on October 29, 2005.