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Supreme Court of India · 11/07/2022

ASHA RANI GUPTA versus SRI VINEET KUMAR

[2022] 15 S.C.R. 402 · 2022 INSC 684

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Summary

A purchaser of a shop in Aligarh sued the sitting tenant for eviction and arrears in 2011. The tenant admitted being a tenant but denied the purchaser's title and any landlord-tenant relationship, and deposited no rent either at the first hearing or during the suit. The trial court struck off his defence under Order XV Rule 5 CPC as applicable in Uttar Pradesh, and the revisional court affirmed. The Allahabad High Court, under Article 227, set the orders aside, observing that the tenant's pleas appeared designed to protract the litigation yet he 'deserves some indulgence', and allowed him to deposit the arrears with interest. The Supreme Court restored the striking off. The power under Order XV Rule 5 is discretionary and to be exercised with circumspection, relaxation being reserved for a bona fide tenant;

Issues

  1. Whether a tenant who admits his tenancy but denies the plaintiff-purchaser's title and the landlord-tenant relationship is relieved of the obligation under Order XV Rule 5 CPC (U.P. amendment) to deposit the admitted arrears at the first hearing and the monthly amount during the suit.
  2. Whether the discretion not to strike off defence under Order XV Rule 5 may be exercised, as 'some indulgence', without recording any reason or finding of bona fides.
  3. Whether deposits made belatedly under the High Court's order can cure a default already committed.

Provisions considered

Held

Result

Appeal allowed; the Allahabad High Court's order of 02.11.2018 set aside and the trial court's order of 01.03.2017 striking off the defendant's defence restored; the trial court to proceed expeditiously. No order as to costs.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 402.