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M/S Indian Oil Corporation Ltd.Jaipur vs Lrs.Of Smt.Teeju Devi on 30 July, 2012 cites

Shiv Dutt Jadiya vs Ganga Devi on 20 February, 2002

Decision dt: 30/07/2012 7/9 justification for the non-depositing of rent after restoration of appeal on 01.02.2003. The defendants did not deposit the rent for a long period of nine years i.e. from 01.02.2003 to October, 2011. The tenancy in question was monthly and on account of monthly default, much more than, six months' default occurred during the pendency of the first appeal. Furthermore, there was no question of giving any further opportunity since at the relevant point of time, the judgment of the Hon'ble Apex Court in the case of Shiv Dutt Jadiya (supra) had already been pronounced on 20.02.2002. The observations of Hon'ble Supreme Court in para 9, quoted above, was limited to that particular case only and it is not a judgment in rem to that extent of observations.
Supreme Court of India Cites 0 - Cited by 19 - Full Document

Nasiruddin And Ors vs Sita Ram Agarwal on 28 January, 2003

6. This Court in the case of Chand Ratan Swami Vs. Manak Chand reported in 2011 (2) DNJ (Raj.) 798, which judgment has been relied upon by the learned lower appellate court also, relying upon a previous decision of this Court in the case of Bulaki Dass Vs. Ram Swaroop, 2009 (2) RLW 1175 : 2009 (1) DNJ (Raj.) 436 held that delay in payment of rent during the pendency of the appeal cannot be condoned and following the Supreme Court decision in the case of Nasiruddin & Ors. Vs. Sita Ram Agarwal reported in AIR 2003 SC 1543 and in the case of Shiv Dutt Jadiya (supra), the eviction decree was bound to be passed by the learned appellate court below.
Supreme Court of India Cites 47 - Cited by 351 - Full Document
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