Dismissed

National Agricultures and Industrial Higher Secondary School, Bareilly and Another v. Ram Sumerni Singh

Allahabad HC19 Apr 2019A227/2791/2019

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition under Article 227 challenging the rejection of a strike-out application under Order XV Rule 5 CPC. The lower courts held the application was not tenable as the landlord-tenant relationship was a principal disputed issue, and no material error was found in the impugned orders.

What did the court decide?

Prayer for expeditious disposal of the underlying suit was made, but the writ petition itself was dismissed.

National Agricultures and Industrial Higher Secondary… — Landlord and Tenant | Allahabad HC (2019)

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Court No. - 26

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Case :- MATTERS UNDER ARTICLE 227 No. - 2791 of 2019

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Petitioner :- National Agricultures And Industrial Higher Secondary School, Bareilly And Another Respondent :- Ram Sumerni Singh Counsel for Petitioner :- Anil Kumar Rai,Vishnu Singh

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Hon'ble Dr. Yogendra Kumar Srivastava,J.

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Heard Sri Vishnu Singh, learned counsel for the petitioners.

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By means of the present petition, the petitioners have challenged the order dated 23.08.2018 passed by the Judge, Small Causes Court, Bareilly in SCC Suit No.47 of 2016 whereby the application (application no.46-ga) filed by the petitioners landlord under Order XV Rule 5 CPC has been rejected. The petitioner also seeks to challenge the order dated 23.01.2019 passed by the Additional District & Sessions Judge, Court No.15, Bareilly in SCC Revision No.20 of 2018 affirming the order passed by the Judge Small Causes Court, Bareilly.

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Records of the case indicate that the application (application no.46-ga) filed by the petitioners under Order XV Rule 5 CPC was rejected by the Judge, Small Causes Court, Bareilly for the reason that the respondent in his objections/written statement had denied the relationship of landlord-tenant between the parties, and the question with regard to the landlord-tenant relationship being one of the principal issues to be finally decided in the suit, the application under Order XV Rule 5 was held to be not tenable.

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The revisional court had taken note of the fact that the application filed by the petitioners landlord for striking of the defence of the respondent tenant was not filed on the first date

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of hearing but the same has been moved at a belated stage when the respondent had filed its written statement and when the dates were being fixed for cross-examination of the defence witness. The revisional court has also recorded that in terms of the provisions under Order XV Rule 5 the requirement is of depositing "admitted rate of rent" and in a case where the landlord-tenant relationship itself was disputed the claim for striking of the defence of the defendant could not be allowed.

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Learned counsel for the petitioners has not disputed the fact that the respondent in his written statement has denied the relationship of landlord-tenant and the principal issue to be decided in the suit would be with regard to the landlord-tenant relationship. He also does not dispute that the proceedings are at an advanced stage and evidence is being led by the parties.

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No material error or illegality has been pointed out in the orders of the courts below.

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Petition lacks merits and is accordingly dismissed.

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At this stage learned counsel for the petitioners has made a prayer for expediting the disposal of the pending suit. Needless to say that it is always open to the petitioners to appear before the court below and make an appropriate application, and upon the application so made, the court below is expected to make an endeavour to conclude the pending proceedings in accordance with law expeditiously, provided there is no other legal impediment.

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Order Date :- 19.4.2019 Shahroz

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(Dr. Y.K. Srivastava,J.)

National Agricultures and Industrial Higher Secondary School, Bareilly and Another v. Ram Sumerni Singh

Case brief

What is this about?

What did the court decide?

National Agricultures and Industrial Higher Secondary School, Bareilly and Another v. Ram Sumerni Singh

Case brief

What is this about?

What did the court decide?

What the court decided

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