In Brief
This appeal concerns the scope of discretionary power to strike off a tenant's defense under Order XV Rule 5 CPC in eviction suits. The Supreme Court held that while the power to strike off defense is discretionary and must be exercised with circumspection, it does not permit courts to grant 'indulgence' to deliberately defaulting tenants as a matter of course. Where a tenant fails to deposit admitted arrears and regular monthly rent despite not denying his status as tenant, and shows volitional non-performance and defiance, the Court must strike off his defense. Mere denial of the landlord's title does not exempt a tenant from payment obligations. The Court reversed the High Court's order that had quashed the striking off of the tenant's defense, restoring the trial court's judgment.
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