1 On a suit or proceeding being instituted by the landlord on any of the grounds referred to in Section 12, the tenant shall, within one month of the service of the writ of summons on him or within such further time as the Court may, on an application made to it, allow in this behalf, deposit in the Court to pay to the landlord an amount calculated at the rate of rent at which it was paid, for the period for which the tenant may have made default including the period subsequent thereto up to the end of the month previous to that in which the deposit or payment is made shall thereafter companytinue to deposit or pay, month by month, by the 15th of each succeeding month a sum equivalent to the rent at that rate.
2003 Supp 1 SCR 612 The following Order of the Court was delivered Leave granted.
Consequently, the trial Court decreed the suit and passed an order of eviction.
The landlord filed a suit for eviction on the grounds of default in payment of rent as well as nuisance.
50 5 Ward No.
The first appellate Court affirmed trial Court s decree.
Therefore, the appellant is number entitled to the protection of Section 12 i a , 12 iii and 13 v as has been laid down in 1989 M.P.R.C.J. 155.
15 Arif Nagar, Bhopal whereas the respondent herein is the tenant.
Admittedly, the tenant neither deposited the rent within the stipulated period number any application was moved for extension of time to deposit the same.
Admittedly, there had been two defaults i.e. rent for the month of November 1985 and rents for the months of May and June 1988.
The appellant herein is the landlord of premises bearing No.
With the companysent of the parties, we dispose of this appeal finally at this stage.
It is against the said judgment and order that the appellant landlord is in appeal before us.
Heard companynsel for the parties.
By this Court the relevant application had already been dismissed.
The High Court in its impugned judgment did number point out as to how the companyrt of appeal companymitted an error of records in arriving at the said finding.
