SRI BIMAL CHAND JAIN Vs. SRI GOPAL AGGARWAL
LAWS(SC)-1982-8-19
SUPREME COURT OF INDIA
Decided on August 17,1982

Sri Bimal Chand Jain Appellant
VERSUS
Sri Gopal Aggarwal Respondents

JUDGEMENT

- (1.) Special leave granted.
(2.) Having heard Mr. Kacker for the appellant and Mr. V.S. Desai for the respondent, we are of the view that this is not the kind of case in which the defence of the appellant-tenant could be struck off. Accordingly, we set aside the order striking out the defence of the 5 appellant and direct the learned Rent Controller to take the written statement of the appellant on file. The written statement shall be filed within four weeks from today. The learned Rent Controller will thereafter proceed to dispose of the matter in accordance with law.
(3.) Since, in a sense, we are condoning the irregularity in the payment of rent on the part of the appellant, it is but meet that he is put on terms. We direct that the appellant shall deposit in the court of the Rent Controller advance rent of two years, that is to say, a sum of, Rs. 12,000 (Rupees twelve thousand only) within four months from today. If the appellant commits default in depositing this amount, 15 the order whereby his defence was struck off will he revived. The next four months' rent will be payable by the appellant from month to month as and when it falls due. The order of deposit of the advance rent will be without prejudice to the rights and contentions of the parties, particularly those of the respondent-landlord.;


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