Atul J Doshi vs Pramukh Properties and Developers Pvt. Ltd.; 2025 INSC 1345 - Order XV-A CPC (Bombay Amendment)
Order XV-A (Bombay Amendment) -In a suit based on lessor-lessee or licensor-licensee relationship for eviction and arrears of rent, the Court, in exercise of its discretion, can direct the lessee or licensee, as the case may be, to pay arrears of regular rent or license fee, as the case may be and further payment of month to month rent or license fee, otherwise, the defense of the licensee can be struck off - Ingredients: first, lessor or licensor must file a suit for eviction; second, the said suit consists of a prayer with or without arrears of rent or license fee and future mesne profit; third, in such suit, there must be a direction on account of arears up to the date of order by the court; fourth, on such direction, the defendant shall deposit such amount as ordered within the time specified and continue to deposit in each succeeding month the rent or license fee, claimed till decision; fifth, in case of any default made by the lessee or licensee, the defense can be struck off following the procedure as prescribed in Rule 2; sixth the amount so deposited shall be paid to the plaintiff. (Para 18-19)
Case Info
Case name: Atul J Doshi & Ors. vs Pramukh Properties and Developers Pvt. Ltd.
- Neutral citation: 2025 INSC 1345
- Coram: J.K. Maheshwari, J. and Vijay Bishnoi, J.
- Judgment date: October 08, 2025 (New Delhi)
Caselaws and citations
- The judgment primarily interprets Order XV-A CPC (Bombay Amendment) and does not cite external case law by name within the provided text. No other judicial precedents are quoted in the excerpt.
Statutes / laws referred
- Code of Civil Procedure, 1908 — Order XXXIX Rules 1 and 2 (interim injunctions)
- CPC (Bombay Amendment) — Order XV-A (Striking off defence; deposits of arrears and continuing rent/license fee)
- Article 227 of the Constitution of India (supervisory jurisdiction)
- Maharashtra Rent Control Act, 1999 — Section 41
- Presidency Small Causes Courts Act, 1882
Suggested Readings:
#SupremeCourt has held that, under Order XV-A CPC (Bombay Amendment), in a suit based on lessor-lessee or licensor-licensee relationship for eviction and arrears of rent, the Court, in exercise of its discretion, can direct the lessee or licensee, as the case may be, to pay… https://t.co/aoboBEG8A7 pic.twitter.com/OXW9sbYGWz
— CiteCase 🇮🇳 (@CiteCase) November 22, 2025