refused, in spite of the previous default. This, therefore, was the last chance provided to a defaulting tenant to save himself from eviction ... tenants and having ceased to be tenants, they could not thereafter be under any liability to pay rent, till the status of a tenant
next argument is that those ordinary short term defaulter tenants against whom decrees were made before the amendment & who applied within the specified time ... Under unamended Section 18 (5) , the ordinary short-term defaulter tenants obtained relief in pending suits & decrees made in their favour between
dated 5.9.2006
is not a complete order to uphold that the tenants defaulted in
making the payment of rents. The rate of rents deposited ... scheme of the Act does not
encourage successive defaults. When a tenant defaults
after a chance was given to him to continue to pay during
that
the Controller will make the order directing the defaulting
tenant to pay to the landlord or deposit with the Controller
within one month ... Full Bench. The Full Bench held that when a tenant
defaulted in making deposit or payment under Section 15 of
the Act, the Rent Controller
that
the Controller will make the order directing tile defaulting
tenant to pay to the landlord or deposit with the Controller
within one month ... Full Bench. The Full Bench held that when a
tenant defaulted in making deposit or payment under Section
15 of the Act, the Rent Controller
against the petitioner (tenant) seeking his eviction from the suit premises on the ground of tenant's default to make the payment of arrears ... default in complince of the order passed under Section 15(1) and the said default has not been condoned by the Court, the defaulting tenant
that where the landlord files a suit for eviction against the defaulting tenants on receipt of notice of misuse and becomes successful in evicting such ... from the landlady who had made all efforts to evict the defaulting tenants by filing an appropriate suit before the Additional Rent Controller. Reference
lessee or ex-
lessee filing a suit for eviction against the defaulting tenant on receipt of
the notice of misuse, and where the lessee ... case the lessee/ex-lessee files a suit for eviction
against defaulting tenant on receipt of our notice for
misuse and are successful in evicting
tenant and no such benefit can be claimed for on second time by the tenant even if he has not committed any default ... tenant within the time fixed by the court then the "proceedings shall be disposed of as if the tenant had not committed any default
default in
compliance of the order passed under Section 15 (1) and the said
default has not been condoned by the Court, the defaulting tenant ... Condonation of delay can take place only when the
defaulting tenant so pleads with justifiable reasons which would show
that he was prevented from compliance