SAWAI SINGH Vs. GIRDHARI LAL

JUDGEMENT

(1.) HON 'ble Single Judge (Shri A.K. Mathur) referred the following question of law for the opinion of the Larger Bench -

(2.) THE learned Single Judge referred the question for the opinion of the Larger Bench to set at rest the controversy because there was a difference of opinion on the point. Large number of judgments of this Court have subscribed the view that if the defence has been struck out under Section 13(5) or the defence under the Act, the whole defence under the Act is struck out but Hon'ble Shri G.M. Lodha (as he then was) has taken a different view.

(3.) IN view of the Division Bench judgment of this Court rendered in Ramesh Chand Pandey's case (supra), the question referred in the present case, therefore, stands answered and adopting the same reasons we answer the question in the manner that in the even of failure to deposit the rent the whole defence under Section 13(5) of the Act will not be struck out but the order will apply only to the grounds or defence to the extent specified in Section 13(1)(a) of the Act, 1950.