DHARMENDRA KALRA Vs. KULVINDER SINGH BHATIA

JUDGEMENT

(1.) Leave granted.

(2.) The present special leave petition was filed under Article 136 of the Constitution of India against the impugned judgment and final orders dtd. 10/12/2024 passed by the Hon'ble High Court of Judicature at Allahabad in Case: S.C.C. Revision No.114 of 2023 and CMA No. 6 of 2025 in S.C.C. Revision No. 114 of 2023 whereby the Hon'ble High Court was pleased to allow the revision petition of the tenant against the judgment of the Ld. Trial court - striking off the defence of the tenant on the ground of violation of the mandatory provisions of Order XV Rule 5 Code of Civil Procedure (hereinafter referred to as 'CPC') and thereafter allowing the application seeking extension of time filed by the respondent herein.

(3.) The fathers of the Appellants namely, Sh. Uttam Chand Kalra and Sh. Sain Das Kalra purchased suit premises no. 118/1-A Kaushalpuri, Kanpur Nagar from the erstwhile owner Shri Surendra Nigam son of Shri Laxmi Narayan Nigam, through a registered sale deed registered in the office of Sub-Registrar Kanpur Nagar. The respondents occupied two halls on the ground admeasuring 27' 3'' * 13 and 20 " * 17'6 " as a tenant at the aforesaid premises at an agreed rent which was revised from time to time and the tenancy corresponds to English Calendar Month. The defendant/respondent are running a Hotel named as 'Gyan Vaisnav Hotel' in the tenanted premises and the Appellants/landlords have to pay commercial taxes. Thereafter Shri Uttam Chand Kalra passed away on 29/9/2002 and Shri Sain Das Kalra passed away on 14/9/2014. Consequently, the Appellants/landlords became the owner of the suit premises. In the month of September 2020, the Appellants/landlords revised monthly rent to Rs.25,000.00 per month and the respondent/tenant agreed to pay the revised amount of rent. Further, the respondent/tenant paid rent @ Rs.25,000.00 for the month of September and October, 2020, but thereafter respondent stopped making the payment of rent.