CR No. 7506 of 2009 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR No. 7506 of 2009 (O&M) Date of decision:- 09.02.2011 Sunil Sharma and another ....Petitioners Vs. Ram Krishan Respondent CORAM: HON'BLE MR. JUSTICE A.N. JINDAL ****** Present:- Mr. Anuj Sharma, Advocate, for the petitioners. Mr. Tribhuvan Singla, Advocate, for the respondent. A.N. JINDAL, J (ORAL) The defendants-petitioners (hereinafter referred to as the petitioners) have invoked the provisions of Article 227 of the Constitution of India for setting aside the order dated 19.11.2009 passed by the trial Court, whereby the defence of the petitioners was struck off. The counsel for the plaintiff-respondent (hereinafter referred to as the respondent) had claimed the rent with effect from August 2006 to February 2009 at the agreed rate of Rs.3700/- per month with interest and the water charges. During the pendency of the application for ejectment, which is pending since 09.09.2004, the petitioners came out with the plea that they had paid this rent amount orally to the respondent on 15.02.2009. The trial Court vide impugned order dated 19.11.2009 has CR No. 7506 of 2009 (O&M) 2 observed that since the petitioners had failed to place on record any copy of the compromise or receipt through which they had paid the rent, therefore, they cannot be said to have paid the rent to the respondent. Even otherwise, during the pendency of the litigation the petitioners could not be expected to pay the rent orally under some oral compromise. As such, the plea of the petitioners that they have paid the rent for the aforesaid period, is turned down and it would be presumed that they were under arrears of rent, which they are not paying. Even on 14.12.2010, the counsel for the petitioners had undertaken to pay the entire arrears of rent to the respondent or in the alternative to deposit the same in this Court within fifteen days i.e. up to 29.12.2010. But he has failed to comply with the said order by not paying the entire arrears of rent to the respondent up to the said period. Even today he has not paid the arrears of rent. Under these circumstances, this petition lacks merit and is dismissed. (A.N.JINDAL) 9th of February, 2011 JUDGE ajp