Janardan Sahai, J. - (1.) HEARD Shri Rajesh Tandon, learned Senior Counsel for the applicants and Shri Ravi Kiran Jain, learned Senior Counsel for respondents. The revision has been filed by the defendants against an order striking off the defence in exercise of power under Order XV, Rule 5 of the Code of Civil Procedure. The defendants had in the written statement in Paragraphs 28 and 32 denied the relationship of landlord and tenant. The provisions of Order XV, Rule 5 CPC are not applicable to a case where relationship of landlord and tenant is denied. Shri Tandon learned Counsel for the applicants relied upon a decision in the case of Maqsood Ali v. Shamsher Khan : 1979 (5) ALR 223, wherein it has been held that if the tenant does not admit the liability to pay the rent, the written statement can not be struck off. The law upon the point is well settled. The Court below by the impugned order has struck off the defendants, defence and has granted the liberty to the tenant to a pay the amount of rent within one month and further directed that it the amount is deposited by the defendants, the written statement shall not be treated to have been struck off.
(2.) IN view of the settled law upon the point that Order XV, Rule 5 is not applicable to a case where the relationship of landlord and tenant is denied by the tenant, there was no justification for striking off the defence and further directing the tenant to make the deposit of rent. The Court below has exercised its jurisdiction with material illegality in deciding prima facie the question of relationship of landlord and tenant. Such a finding can be given only when parties had led evidence at the time of final decision in the suit. Consequently the revision is allowed and the impugned order is set aside. However, since the suit is an old one of the year 1996, it is expedient in the interest of justice that the suit itself should be decided at the earliest. In the circumstances, I direct that the suit pending before the trial Court may be decided within a period of four months from the date of production of certified copy of this order. However, there will be no order as to costs.;