PANJI ALIASPANNA RAM Vs. BHAGCHAND

JUDGEMENT

(1.) THIS revision petition is directed against the order of learned Civil Judge, Pali dated 5. 8. 1991 whereby he has allowed the application of the plaintiff dated 26. 4. 1991 striking out the defence of the petitioner as a whole.

(2.) IN this case, the non-petitioner Bhag Chand filed a suit on 7. 11. 1977 against the petitioner for eviction on the ground of default, sub-letting and personal necessity. The trial court vide its order dated 12. 9. 90 ordered that defendants are debarred from producing evidence on issue no. 3. But on an application dt. 26. 4. 91 u/s. 151 filed by the non-petitioner, the Court below has closed the evidence and for others it has observed that they will be decided at final stage of judgment. Thus, the defendant has filed this revision.

(3.) IN Smt. Beladas & Ors. vs. Smt. Laxmi Devi (3) their Lordships of the Supreme Court while considering a case of Bihar Building Lease Rent, Eviction Control Act, (3/1947)-Sec. 2 (d)/ll-A has held that the striking out of the defence has, therefore, the effect of striking out all defences raised by the defendant-qua tenant. Their lordships has further held that "his entire defence in the suit was in his capacity as a tenant and on its striking out, it was struck out as a whole. " IN Surajnarain vs. Smt. Laxmi Devi (4) the Hon'ble G. M. Lodha, J. as he then was held that once the penalty prescribed in sub-clause (5) comes into play, a tenant cannot be saved from consequence of eviction as the defence umbrella provided by sub-sec. (6) fails to protect him.