T P NAYYAR S/O J P NAYYAR Vs. SUDESH BHAMRI W/O MANOHAR LAL BHAMRI
HIGH COURT OF UTTARAKHAND
T P Nayyar S/O J P Nayyar
Sudesh Bhamri W/O Manohar Lal Bhamri
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(1.) This revision is directed against the order dated 04.09.2013, passed by Judge, Small Cause Court/ IV Addl. District Judge, Dehradun, in SCC Suit No. 6 of 2005, whereby said court has struck off the defence of the defendant (revisionist) under Order 15 Rule 5 of Code of Civil Procedure, 1908, (as amended by State of Uttar Pradesh applicable to State of Uttarakhand).
(2.) Learned counsel forthe revisionist submitted that in the present case provision of Rule 5 of Order 15 of the Code (as amended by State of Uttar Pradesh) are not applicable forthe reason that neitherthe alleged due rent is admitted to the defendant, nor the relationship of landlord and tenant is admitted.
(3.) In reply to this, learned counsel for the respondent argued that though the defendant has come up with the plea before the trial court that in the year 2003 he purchased the property from the plaintiff, but the arrears of rent include the period prior to 2003, as such the trial court has not erred in law in striking off the defence of the defendant for non payment of the arrears ofrent.;
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