Judicial discretion on striking off defence depends on proven rent compliance and bona fide conduct, not false claims of payment.

Section 15(7) of the Delhi Rent Control Act, 1958 requires judicial exercise of discretion based on proven compliance with the rent deposit order. The tenant failed to prove that the alleged cheques were sent to the landlord, and the amounts claimed did not match the arrears directed to be paid. The Rent Controller and the Rent Control Tribunal found the plea of compliance to be false, and no bona fide conduct or equitable basis was shown to justify indulgence. The tenant was therefore not entitled to relief against striking off the defence, and the order restoring the Rent Controller's decision was upheld.

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Issues: Whether the tenant had complied with the order to deposit or pay rent so as to justify exercise of discretion under Section 15(7) of the Delhi Rent Control Act, 1958 in his favour and prevent striking off of the defence.

Analysis: The tenant failed to establish by evidence that the alleged cheques were sent to the landlord, and the claimed amounts did not match the arrears directed to be paid. The finding of non-compliance was supported by the Rent Controller and the Rent Control Tribunal, both of which concluded that the tenant had taken a false plea of compliance. In these circumstances, there was no material showing any bona fide conduct or other equitable ground warranting indulgence. The discretionary power under Section 15(7) is to be exercised judicially, but only where the facts justify such relief.

Conclusion: The tenant was not entitled to relief against striking off of the defence, and the order restoring the Rent Controller's decision was correct.

Final Conclusion: The appeals failed because the tenant's default in complying with the rent deposit order was held to be unjustified and no basis existed for interference with the striking off of defence.

Ratio Decidendi: Discretion under Section 15(7) of the Delhi Rent Control Act, 1958 to strike off or retain the tenant's defence must be exercised judicially on the facts of the case, and cannot be invoked in favour of a tenant who fails to prove compliance with the rent deposit order and sets up a false plea of payment.

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