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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 ..... 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 that as the case may require consideration of the correctness 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. SCC 578) and Satyanarain Kandu vs. Smt. Hemlata and others (1996 PLR 110 SC) both by two-Judge Ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en 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 comply therewith strictly. The statute, therefore, in other words, prescribes the period within which the rent must be rendered to the landlord by a tenant. When the statute lays down the period during which the rent is required to be paid or deposited, the same is required to be complied with. Recently, in E. Palanisamy vs. Palanisamy (dead) by L ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tory 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 to be considered, and is by no means conclusive." It is in the aforementioned backdrop the decisions of this Court relied upon by Mr. Upadhyay are required to be considered. In Gowali Charan vs. Surendra Kumar Khandani and others (1987 Suppl. SCC 578), this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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