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TMI Blog2003 (1) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... rd 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 trial court dismissed the suit. However, the first appellate court allowed the appeal of landlord and thus the suit on the ground of default was decreed. The second appeal, by the tenants, was dismissed. The High Court held that mere acceptance of delayed rent by the Landlord did not amount to waiver of the right which was accrued to him under the Act and also the tenant has committed default in payment of the rent. It is against the said judgment, the tenants preferred present appeal by means of a special leave petition. When the matter came up before a Bench of this Court, the Bench was of the view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such contract, by the last day of the month next following that for which the rent is payable or by not having been validly remitted or deposited in accordance with Section 16." The provisions of the said Act would clearly show that unlike Rent Control Statutes of other States, the expression 'wilful default' or 'habitual default' has not been used therein. The words are 'is in arrears'. In the event, rent for two months is not paid a cause of action arises. The statute mandates that the rent should be paid within the time fixed by the contract and in absence thereof by the last date of the month next following. The obligation on the part of the tenant to pay rent in the manner laid down under the Act, being a statutory one, he must compl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is pointed out that a statutory direction to private individuals should generally be considered as mandatory and that the rule is just the opposite to that which obtains with respect to public officers. Again, at p.109, it is pointed out that often the question as to whether a mandatory or directory construction should be given to a statutory provision may be determined by an expression in the statute itself of the result that shall follow non-compliance with the provision. At page111 it is stated as follows: "As a corollary of the rule outlined above, the fact that no consequences of non-compliance are stated in the statute, has been considered as a factor tending towards a directory construction. But this is only an element ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be non-existent only because, in the opinion of this Court, the default was technical one. The said decision also does not lay down the correct view of the law and must be over- ruled. We, therefore, are of the opinion that the High Court has rightly held that by reason of the said two decisions, the Full Bench decision of the High Court cannot be said to have been over-ruled. In C.A. No. 5077/1998, which we have decided today, we have held that where a statute empowers the Court to extend time or further time when a tenant fails to deposit rent within the stipulated time, only in such cases, the Court possesses power to extend time and in no other cases. For aforesaid reasons, the appeal is dismissed. However, there shall be no ord ..... X X X X Extracts X X X X X X X X Extracts X X X X
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