TILAK RAJ Vs. BUGLI DEVI ALIAS BUGLI DEVI

JUDGEMENT

(1.) This revision is directed against the order dated 8.10.1993 of the trial Court whereby an application moved by the plaintiff-respondents under Order 15 Rule 5 of the Civil Procedure Code for striking off the defence of the defendant-petitioner has been allowed. Hence this revision at the instance of the defendant.

(2.) Plaintiffs filed a suit for possession of two shops adjoining to each other in the Main Bazar, Bilaspur against the defendant-petitioner and also sought recovery of rent at the rate of Rs. 600/- per month for the period 1.7.1990 to 30.6.1991 and future rent/mesne profits at the above rate. Defendant filed written statement challenging the rate of rent as also the period for which it had not been paid. In the written statement the stand taken was that the rate of rent was Rs. 550/- and rent upto 31.3.1991 already stood paid.

(3.) Since the tenant had not paid or deposited the admitted rent, the plaintiffs moved the above application for striking off the defence. It seems that the defendant did not pay the rent and thus the defence was struck off by the order under revision.