RAMA BINDING WORKS Vs. VALLABHA VYAS

JUDGEMENT

(1.) In this case all the courts below have held that the appellant has committed wilful default in payment of rent and directed eviction. What is argued before us is that there is no wilful default in payment of rent because for july and August 1976 when the landlord sent his agent, the amount was paid and likewise for the subsequent months he was expecting the agent of the landlord and when he failed to turn up, at the first hearing he deposited the rent. We are unable to agree with this submission. Law throws an obligation on the tenant to pay the rent properly within a specified date. He cannot expect the agent of the landlord to come and on his failure to come, tenant cannot say that there was no obligation to pay the rent. Civil is dismissed. No costs.

(2.) Tenant will have three months' time to vacate the premises subject to his filing usual undertaking in this court within four weeks from today.