Judgement Reqd

kaushikphm (Querist) 05 October 2008 This query is : Resolved
I am a landlord collecting rent from
a shop owned by myself and my sister.
I filed a eviction suit for willfuldefault
of rent payment. After the filing of suit
the tenent paid the arrears and he has
been chronical default from 2002.
Could you please help me by providing the citation Judgement ?

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Jithendra.H.J (Expert) 05 October 2008
the suit for eviction may befiled under TP Act or Rent Act, under what provision you have filed the suit for eviciton?

Srinivas.B.S.S.T (Expert) 05 October 2008
In 1997(7) SCC 382 J. Jermons Vs Ajammal and others it has been observed that

"wilful default implies intentional or conscious violation of obligation to pay the rent due;. But if the default has occasioned on account of ingnorance, accident or compulsion or circumstances beyond the control of the tenant, it cannot be termed as wilful default"

In 2001(6) ALT 42 (SC) Mariyam Begum Vs B. Begum and others it is held that plea of illiteracy by the tenant on account of ignorance she could not pay the rent in time, is not tenable.

However wilful default in payment of monthly rents is a valid and tenable ground to seek eviction of the tenant. If you can provide fuller details it would be helpful for us to give a better advise. Regards Srinivas BSST

kaushikphm (Querist) 06 October 2008
Dear sir,

I filed a suit of eviction for willful default in rent control in chennai.
Please let me know, if you require any further clarification.

Srinivas.B.S.S.T (Expert) 06 October 2008
do rely upon the judgments mentioned. You will definetly win your case. I will give you some more citations. Regards Srinivas BSST