Case: Girijanandan Singh Parashram (Deceased) by His Lrs Vs. New Cotton Ginning and Pressing Company

This is a tenants appeal. Thet of the appellant was inducted as a tenant of the demised premises in 1948 at a monthly rent of Rs. 25. On 11.12.1947, thed filed an application before the Rent Controller, Akot seeking permission to terminate the tenancy of thet of the appellant under Clause 13(3)(ii) of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949 (hereinafter referred to as the Rent Control Order). In the application, it was alleged that the tenant who was obliged to pay the rent at the end of every tenancy month was a habitual defaulter and that he used to pay the rent after a lapse of 2, 3 or 4 months and had thereby incurred the disqualification which justified the grant of permission to terminate his tenancy. The application was resisted by the tenant/appellant who pleaded that though the tenancy was a monthly tenancy, but there was an agreement between the parties that the rent was to be paid by the tenant as and when demanded by the landlord, who used to send a rent collector for that purpose. It was asserted that since he was paying rent as and when demanded, he could not be deemed to be a habitual defaulter. After recording evidence, the learned Rent Controller allowed the application holding the tenant to be a habitual defaulter. Permission was granted to the landlordrespondent to terminate the tenancy of thet under Clause 13(3)(ii) of the Rent Control Order. The tenants appeal before the Resident Deputy Collector, Akola was allowed. The appellate Authority held that the tenant was not a habitual defaulter. Thet thereupon approached the High Court through a petition under Article 227 of the Constitution of India. On 23.2.1981, the High Court allowed the petition and set aside the order of the Resident Deputy Collector and restored that of the Rent Controller. Hence this appeal by special leave.

Reasoning: Since the appellant was present in Court, Mr. Mohta, on instructions from the appellant, submitted that the appellant was willing to increase the rent and to pay the same as may be fixed by the Court. It appears to us, keeping in view the present income of the appellant, which is stated to be about Rs. 4,000 per month that rent @ Rs. 400 per month would meet the ends of justice and do complete justice between the parties. The appellant agrees before us to pay the rent at that rate. We, therefore, direct that with effect from 1.3.1998, the appellant shall pay rent @ 400 per month for the demised premises. The rent shall be payable every month by the 7th day of the succeeding calendar month. In case there are any arrears, the appellant undertakes to pay the same, at the old rates, on or before 28.2.1998.