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 in view 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.
SCC 578 and Satyanarain Kandu vs. Smt.
The High Court held that mere acceptance of delayed rent by the Landlord did number amount to waiver of the right which was accrued to him under the Act and also the tenant has companymitted default in payment of the rent.
It is against the said judgment, the tenants preferred present appeal by means of a special leave petition.
The trial companyrt dismissed the suit.
However, the first appellate companyrt allowed the appeal of landlord and thus the suit on the ground of default was decreed.
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 .
