GURUDAYAL Vs. ANANT KUMAR

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dt.19.5.2010 passed by the Fourth Additional District Judge, Gwalior in Civil Appeal No.4A/2010, by which the judgment and decree dt.9.12.2009 passed by the trial court - Civil Judge Class I Gwalior in Civil Suit No.76 -A/08 was confirmed. Both the courts below have decreed the suit of the plaintiff/respondent under Section of the M.P. Accommodation Control Act 1961 (hereinafter referred to as the Act).

(2.) STATING the aforesaid, it was submitted by the appellant that delay in payment of the rent of the month of March 2009 may be condoned and the judgment and decree passed by the courts below may be set aside and the appellant herein may be given protection of Section of the Act.

(3.) IN this case it is not in dispute that after condonation of delay in depositing the initial rent and monthly rent on 17.11.2007, the appellant was under an obligation to comply with the provisions as contained in Section of the Act, but as stated herein above, the appellant could not deposit the rent of March 2009 in time, however, it was deposited after two months, for which application was filed after five months on 9.10.2009 stating the aforesaid grounds. The rate of the rent is only Rs.40/ -, which can not be said to be a big amount and the appellant herein ought to have deposited the rent in time. The apex court has considered this aspect in Sayeda Akhtar Vs. Abdul Ahad : (2003) 7 SCC 52 and held that the delay can not be condoned merely on sympathy. Existence of sufficient cause is mandatory. In this case no sufficient cause was shown for condonation of delay and the trial court rightly rejected the application in which no fault is found.