RAKESH SHARMA Vs. KUNDAN LAL KAPOOR

JUDGEMENT

(1.) Learned counsel for the petitioner contends that as the date after assessment of the provisional rent had been wrongly noted by the counsel for the petitioner as 09.06.2017 instead of 06.05.2017, therefore, he could not make the payment on 06.05.2017. He has also relied upon the judgment of this Court in the case of Mani Nandwani versus M. R. Sharma and others, 2018 (1) RCR (Rent) 262. He also contends that the petitioner had later paid the provisional arrears of rent along with mesne profits in terms of the direction of the Appellate Court.

(2.) Learned counsel for the respondent, however, contends that as the petitioner failed to deposit the arrears of provisional rent on the next date after the assessment of the same, he had been rightly ordered to be evicted from the premises. He has placed reliance upon the judgment of the Supreme Court in the case of Rakesh Wadhwan and others versus M/s Jagadamba Industrial Corporation and others, AIR 2002 SC 2004.

(3.) Heard.