UJJWAL SAHRAWAT Vs. AJAY GARMENTS

JUDGEMENT

(1.) This Revisional Application is directed against the order dated 8.5.2019 passed by the Ld. Rent Controller, Rohtak, in Rent Petition No.20 of 2017 dismissing the Application filed by the Petitioner under Order XV Rule 5 read with Section 151 of CPC for striking off the defence of the Respondent for non-payment of rent.

(2.) Background of the matter is that the Eviction Petition was originally filed by the Petitioner in March 2017. During its pendency, the Ld. Rent Controller, Rohtak on 14.5.2018 passed his order determining the provisional rent payable in view of the dispute to that effect, which had emerged before the Court. The Respondent was found to be in arrears of rent from the month of April, 2016 for a period of 11 months at Rs.30,000/- per month as per the original Lease Agreement between the parties. However, the Respondent was permitted to deduct 10% TDS amount with an obligation to deposit the same with the Income Tax Department towards the Tax liability of the Petitioner, and the net amount payable thereafter to the Landlady inclusive of the interest and costs thereupon was determined at Rs.3,10,000/-, which was to be paid/tendered on 28.5.2018. The Petitioner/Landlady was however, aggrieved by the aforesaid order of Provisional Assessment and challenged the same by way of Rent Appeal No.35 of 2018, which was effectively disposed off by the Ld. Appellate Authority vide its Judgment dated 9.8.2018. She has thereafter challenged the aforesaid order of both the Ld. Courts below by filing CR No.5936 of 2018, which is pending separately in this Court.

(3.) The present Revisional Application was however, filed subsequently seeking to strike off the defence of the Respondent/Tenant, in which, it has been mentioned that the respondent Firm has not paid the rent since the filing of the Eviction Petition on 18.3.2017 and also no rent has been paid by it even for 24 months of the following period with effect from April, 2017 to March, 2019.