METAL FABRICATORS Vs. TEJ PAL SINGH

JUDGEMENT

(1.) C.M. No.14998/2014 (exemption)

(2.) This petition under Article 227 of the Constitution of India impugns the order of the trial court dated 05.6.2014 which has struck off the defence of the petitioner/defendant/tenant for non-complying with the order of payment of interim rent/user charges dated 13.4.2010.

(3.) A reading of the impugned order from paras 4 to 8 shows that petitioner was guilty of repeated defaults and repeated delays in not paying the admitted rent. Surely, the tenants who stay in the premises must pay the admitted rent because after all it cannot be expected that the landlord can survive without receiving even the admitted rent of the premises. Tenants may have difficulty as expressed on behalf of the petitioner/tenant in depositing the rent, but that cannot take away the fact of the legal requirement of paying the admitted rent and difficulties do not legally justify non-payment of rent regularly.