Supreme Court of India
Asha Rani Gupta v. Sri Vineet Kumar
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What the Court ordered
In view of the above, this appeal succeeds and is allowed; the impugned order dated 02.11.2018 is set aside with 429 the result that the order dated 01.03.2017 passed by the Trial Court stands restored.
Judgment, page 27
From the headnote
Code of Civil Procedure, 1908: Ord. XV r.5(as applicable i n the State of U.P.) – Striking off defence for failu re to deposit the admitted rent – Eviction suit by appellant-lessor a gainst the respondent-lessee on grounds of arrear of rents and damages– Failure of respondent to pay or deposit the due rent – Appl ication u/Ord. XV r.5 for striking off the defence – Allowe d by the trial court holding that there was no evidence of payment of rent to the appellant and even if the tenant-landlord relations hip is denied, then also application u/Ord. XV r.5 was maintainable – Approved by the
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