HEERA LAL Vs. AYODHYA AND ORS.

JUDGEMENT

(1.) This writ petition has been filed against the order dated 16/3/2011 of the learned trial court rejecting the three applications filed by the defendant/lessee. The first application was under Order 24 Rule 1 CPC, another application under was under Order 7 Rule 14 CPC for taking certain documents on record and third application was under Order 7 Rule 11 CPC. Against the rejection of application under Order 7 Rule 11 CPC, the petitioner defendant Heera Lal has approached this Court by way of SB Civil Revision Petition No. 93/2011, which came to be dismissed by this Court on 6/5/2011 and it was held as under:

(2.) Learned counsel for the petitioner defendant, Mr. Sajjan Singh submits that in view of recent decision of this Court in the case of Purushottam Dalal v. Smt. Shanti Devi - SBCFA No. 346/2010 decided on 8/8/2011, the defendant can offer to clear all the arrears of rent at the time of hearing of the suit and request the learned trial court to invoke its discretion for waiver of forfeiture under Section 114 of the Transfer of Property Act. He submits that, in the present case, the suit is at the stage of framing of issues and the petitioner defendant is ready and willing to pay the entire arrears of rent, interest thereon and cost of the suit in one go in terms of Section 114 of the Transfer of Property Act. He, therefore, submits that while contentions raised in application under Order 24 Rule 1 CPC and Order 7 Rule 14 CPC may not be pressed by him, the defendant petitioner may be given liberty to pay all the arrears of rent including the interest and cost as aforesaid in terms of Section 114 of Transfer of Property Act and learned trial court may be directed to decide such application afresh.

(3.) On this contention, learned counsel for the respondent plaintiff, Mr. Bhuvnesh Sharma does not have serious objection.