application and directed the appellant-tenant to
be evicted recording a finding that the tenant had committed a willful
default in the payment of rent ... default notice to the tenant which
was served on the tenant and the tenant had responded by denying any
default on his part in payment
referred to as 'tenants'.
In the written statement, the tenants confined themselves to
denying their being defaulters and raising dispute ... legal
consequences flowing therefrom. Taking for instance a case where a
tenant commits default after default despite oral demands or
reminders and fails
referred to as 'tenants'.
In the written statement, the tenants confined themselves to
denying their being defaulters and raising dispute ... legal
consequences flowing therefrom. Taking for instance a case where a
tenant commits default after default despite oral demands or
reminders and fails
default' and a
'wilful default'. The inference as to 'wilful default' cannot be drawn
unless the default is intentional, deliberate ... learned
counsel for the appellants states that where a tenant commits default
after default despite oral demands or reminders and fails to pay the
rent
landlord's appeal before the lower appellate Court, the tenant defaulted in making deposits pending appeal and hence the lower appellate Court allowed ... curb the tenancy on the part of the incorrigible defaulter-tenants utilising the pendency of litigation as an excuse for harassing the landlords by successfully
respondent-firm through its two partners on the
ground of the tenants having defaulted in payment of rent, a ground
for eviction under Clause ... tenant to pay or tender the arrears of rent during the
course of hearing and relieve the tenant from the consequences of
default in payment
tenant and any protection conferred on the tenant must be given full
effect to so as to protect the tenant from eviction unless permitted ... avail the benefit of purging the effect of the default,
it is for the tenant to make an application to the Court, seeking the
opportunity
present
suit was filed on the ground of second default. On 4.5.1985, the
tenant had deposited in Court 6 months' rent vide challan ... sent by the tenant to the landlord.
For the foregoing reasons we are of the opinion that the tenant
has defaulted in payment of rent
tenants and at the same time saves the tenants from undue
hardship likely to be caused by unscrupulous landlords accusing the tenants
of such default ... landlord. If there is any dispute as to the period of default, the
tenant may deposit the rent which he thinks to be in arrears
tenant in the suit premises. However, the suit for ejectment based solely on the ground of tenant's default in clearing the arrears ... explaining the reasons which might have contributed to the earlier default, the tenant with impunity chose to throw a challenge to and thereby dispute
