• Civil Procedure Code, 1908 (V of 1908) Order 15, Rule 5 - Petitioner also submitted that before passing the impugned order, the Court below has not passed any order asking the petitioner to make payment of amount due, if any - No opportunity has been given to the petitioner to deposit the outstanding amount of lease money at the admitted rate before striking off his defence - Admittedly, the payment of rent on admitted rent has not been made by the petitioner - The cheques, whichsoever were issued in favour of the respondent, were dishonoured and the Court below has already discussed all these facts in the impugned order - Any person who is misusing the process of law is not entitled to seek any relief from the Court on the basis of equity - Petitioner had sought adjournments for effecting compromise and to make the payment of defaulted amount, but still payment was not made - Petitioner cannot take the plea that she was not given any opportunity to make the payment of rent amount, rather she had been availing every opportunity to defer the case. (183) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 15, Rule 5 - Provisions that makes reference to compensation for use and occupation itself would take care of a claim by a licensor for recovery of possession and for damages for use and occupation to govern his case for the applicability of the provision. (180) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 15, Rule 5 - Scope - Deduction - Apart from the deductions which the statute permits, if the tenant were to contend that amenities are not being provided and therefore, there ought to be deduction @30%, it is really in the nature of a counter claim or adjustment which will be adjudged by the Court before which the case is pending - There is no scope while considering Order 15 Rule 5 to apply any deductions in the light of express provisions brought through the explanations under Order 15 Rule 5 CPC. (180) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 15-A - As applicable to Delhi with effect from 14th November, 2008, is not qualified by the word "admitted" as in Order XXXIX Rule 10 CPC which envisages payment of an admitted amount - Gives discretion to the Court to require the tenant to pay rent commensurate with the market rent or in any event higher than the admitted rent. Held, that we should however not be interpreted as laying down that Order XV-A empowers the Court to, without evidence assess  mesne profits, J.)  or to merely by taking judicial notice and without any material on record, arbitrarily direct the defendant to deposit a much higher amount then what he had been paying or had agreed topay . Of course, if the erstwhile tenant/defendant is found to have agreed to periodically increase the rent/user charges, even if such contract may have come to an end, in exercise of powers under Order XV-A of the CPC direction for deposit with such increases can be made unless strong grounds exist for such increases being not due . (175) P.L.R. (Del.)


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