2021 (9) TMI 260 - HC - GST

Eviction of the respondents from the suit schedule properties - due monthly rents with GST not duly deposited - non-compliance with the order of the court regarding payment of rent - HELD THAT - Since the Court below had directed deposit from December, 2018 to January, 2019 in its initial order on 27.08.2019, the payment to the petitioners should have started immediately after the said order. If the petitioners had declined to receive any payments, then permission of the Court should have been taken to deposit the same in the Court - But the payments for the months of November, 2018 to January, 2019 were made through D.D.No.008773 dt.28.01.2020, D.D.No.009013 dt.24.08.2020 and D.D.No.008844 dt.24.08.2020. The rents for February and March, 2019 were deposited vide D.D.No.009067 dt.03.10.2020 and D.D.No.009076 dt.09.10.2020 - Even according to the Court below, from April, 2019 to September, 2020, no deposits have been made and no amount was credited towards GST to the Competent Authority under the GST Act. There is a clear finding that the respondents are due monthly rents GST at 18% for 14 months - there is clear non-compliance with the lower Court s order dt.27.08.2019 in I.A.No.451 of 2019 as modified in the order dt.12.03.2020 in C.R.P.No.263 of 2020 by this Court. Under Rule (2) of Order XV-A CPC, the defence of the respondents in the suit is liable to be struck off - CRP allowed with costs.

Summary

Issues:
1. Non-payment of rents by tenants leading to eviction suit.
2. Dispute over rental amounts, maintenance, and GST payments.
3. Compliance with court orders regarding rent deposits and GST payments.
4. Counterclaims by tenants and subsequent legal actions by landlords.
5. Non-compliance with court orders and potential striking off of defense.

Analysis:
1. The petitioners, landlords, filed a suit for eviction and rent recovery against the tenants, alleging non-payment of rents, maintenance, and GST from November 2018 to January 2019. The tenants opposed the claim in a written statement.
2. The landlords filed an application for rent deposits by tenants under Order XV-A CPC. The court directed the tenants to deposit arrears and continue monthly payments. Subsequently, tenants sought modification to deposit arrears into court due to a counterclaim.
3. A revision petition was filed by landlords challenging the court's order, citing errors in rent payment directions and GST liabilities. The revision was allowed, directing tenants to pay rents and GST arrears promptly.
4. Landlords filed another application to strike off the defense of tenants for non-compliance with the court's order. The court dismissed the application, considering contentious issues and counterclaims to be tried separately.
5. Further legal actions were taken by landlords to enforce compliance with rent and GST payments. The court noted non-compliance by tenants and ordered the defense to be struck off under Order XV-A CPC, directing the court to proceed with the suit and award costs to landlords.