Mranalini B. Shah And Anr. vs Bapalal Mohanlal Shah on 1 May, 1978
So the amount of deposit is less by Rs. 5/- per month. Further the defendant has not deposited rent in the lower appellate Court since March 1982 onwards. The learned Judge, therefore, held that conduct on the part of the defendant indicates that the defendant is not regular in depositing the amount of rent. Relying upon the decision of the Apex Court in Mrinalini D. Shah v. Bapalal Mohanlal Shah, , the learned Judge accepted the argument on behalf of the plaintiff landlady that the defendant is not regular in payment of rent and that even after taking into consideration the deposit of Rs. 1,500/- by the defendant in Court, an amount of Rs. 900/- is still due from the defendant and the said amount has not been deposited in the Court by the defendant till the date of the hearing of the appeal and, therefore, the plaintiff landlady will be entitled to claim possession from the defendant-tenant.