No Condonation Of Delay In Payment Of Rent For Wilful Defaulters: SC [Read Judgment]

Tenant should plead with justifiable reasons which would show that he was prevented from compliance by circumstances beyond his control.

The Supreme Court, in Pawan Kumar Gupta vs BR Gupta, has held that condonation of delay in payment of rents can take place only when defaulting tenant so pleads with justifiable reasons which would show that he was prevented from compliance by circumstances beyond his control.

In the instant case, in 2005, an order was passed by the rent controller directing the tenant to pay or deposit the rent with effect from 1.10.2004, and continue to pay the same at the aforesaid rate month by month. The tenant did not comply with the order.

Observing that the tenant failed to provide any explanation regarding delay in depositing of rent month by month in terms of the order, the rent controller held that he was not entitled to the benefit under Section 14(2) of the Act and an eviction order was passed. The high court upheld this order refusing to condone the delay in payment of rents.

An apex court bench comprising Justice J Chelameswar and Justice S Abdul Nazeer observed that the tenant was a willful defaulter of rents.

“There was a long delay in deposit of rents. Condonation of delay can take place only when the defaulting tenants so pleads with justifiable reasons which would show that he was prevented from compliance by circumstances beyond his control. The tenant has not offered any explanation for the delay in deposit of rents,” the bench said upholding the high court order.

Read the Judgment here.