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Judgment
3 paragraphs · 179 wordsParamjeet Singh, J.—Instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 18.07.2013 (Annexure P-5) passed by the learned Civil Judge (Jr. Divn.), Panchkula whereby application filed by the respondent under Order 15 Rule 5 of CPC, has been allowed. I have heard learned counsel for the petitioner and perused the record.
There is a dispute with regard to payment of rent. As per the settled principles of law, the petitioner was required to deposit the agreed rent on the first date of hearing or within further time, if any, granted by the Court. The petitioner has admitted the rent @ Rs. 2,500/- per month, however, the trial Court has assessed the rent @ Rs. 5,500/- per month. In spite of admission in reply to the application under Order 15 Rule 5 of CPC, the petitioner has not even deposited or offered to deposit the agreed rent.
In view of above, I do not find any illegality or perversity in the impugned order dated 18.07.2013 (Annexure P-5). Dismissed.