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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4600 OF 2017

[ @ SPECIAL LEAVE PETITION (C) NO. 18644 OF 2013 ]  SUKHESH CHAND GUPTA                           Appellant (s)

                               VERSUS MADAN LAL                                     Respondent(s)

WITH CIVIL APPEAL NO. 4705 OF 2017

[ @ SPECIAL LEAVE PETITION (C) NO. 17178 OF 2013 ] J U D G M E N T

KURIAN, J. 1. Leave granted.

2. The appellant is aggrieved since two concurrent findings  on  default  in  payment  of  rent  have  been upset by the High Court on a petition filed under Article 227 of the Constitution of India.  It is the case of the tenant that the defaulted rent had been sent  by  money  order  and  it  is  the  landlord,  who refused to accept the money order.

3. There is no dispute that the case of money order was not set up before the trial court or before the first Appellate Court.  That was set up only before the High Court.

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4. Even  assuming,  the  High  Court  could  look  into such materials at that stage, it is seen from the money order that the amount sent was Rs. 632/- in the month of May, 2002 when the rent was only paltry sum of Rs. 24/- per month.

5. Therefore, this is a case of willful default for all  purposes  and  hence,  the  High  Court  was  not justified in reversing the findings.  The impugned Judgment of the High Court is, hence, set aside and the appeals are allowed.

6. The  Judgment  and  order  passed  by  the  Rent Controller and as affirmed by the appellate authority is restored.

7. At this stage, the learned counsel for the tenant seeks some time to surrender vacant possession of the premises in question.  It is submitted that the small shop is the only means of livelihood for his family.

8. Having  regard  to  the  entire  facts  and circumstances  of  the  case,  though  the  prayer  is seriously opposed by the landlord, we are of the view that  the  equities  could  be  balanced  if  the respondent-tenant  is  permitted  to  continue  in

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occupation of the premises till the end of month of Diwali in the year 2018.  Ordered accordingly.

9. However,  this  is  subject  to  the  following conditions :- 1) The  respondent-tenant  shall  file  a  usual undertaking before this Court within three weeks from today. 2) He shall undertake not to sublet the premises or to change the business or induct any new partner. 3) The respondent will continue to pay the amount of rent as he is paying now, as a special case, towards use and occupation charges.

10. It is made clear that in case of any default in abiding by the order, as above, the respondent-tenant shall  be  liable  for  consequences  including  the liability for contempt of this Court.

.......................J.               [ KURIAN JOSEPH ]  

.......................J.               [ R. BANUMATHI ]  

New Delhi; March 28, 2017.