When the matter came up before a Bench of this Court, the Bench was of the view that as the case may require companysideration of the companyrectness of the view taken by a Full Bench of Patna High Court in Raj Kumar Prasad vs. Uchit Narain Singh AIR 1980 Patna FB 242 and two decisions of this Court in Gowali Charan vs. Surendra Kumar Khandani and others 1987 Suppl.
The landlord brought a suit for eviction of the tenant, inter alia on the ground of personal necessity as well as for default in payment of rent.
The High Court held that mere acceptance of delayed rent by the Land Lord did number amount to waiver of the right which has accrued to him under the Act and also the tenant has companymitted default in payment of the rent.
SCC 578 and Satyanarain Kandu vs. Smt.
It is against the said judgment, the tenants preferred present appeal by means of a special leave petition.
However, the first appellate companyrt allowed the appeal of landlord and the suit on the ground of default was decreed.
The trial companyrt dismissed the suit.
It is in this way, this matter has companye up before us.
The second appeal, by the tenants, was dismissed.
JUDGMENT KHARE, CJI.
The appellants herein are the tenants.
Judges .
