GURSHARAN GOYAL Vs. COL. BALDEV INDER SINGH

JUDGEMENT

(1.) THE petitioner here is a tenant of a shop in Sector 17, Chandigarh. While admitting the appeal against the decree for ejectment passed against him, the operation of the impugned judgment and decree was stayed subject to his paying all the arrears of rent due within one month and thereafter to continue to pay rent for the premises at the rate of Rs. 5300/- per month in advance on or before the 10th day of each month. It was specially provided therein that the stay order would stand vacated, if this order was not complied with.

(2.) THE stay order having been passed on April 30, 1984, the last date for the payment of arrears of rent was May 31, 1984. It was on June 8, 1984 that such arrears was deposited. There was again delay in the payment of rent for June, 1984. This was to have been paid by the 10th day of the month but was not deposited till June 25, 1984. What the petitioner now seeks is the condonation of the delay in complying with the order passed by this Court on April 30, 1984.

(3.) DELAY in the payment of rent by the tenant to the respondents has been a persistently recurring feature. The respondents have set out in their reply not only the instances of such delays, but also the several occasions when cheques issued by the petitioner were dishonoured. What is more, it has also been brought on the record that on as many as six occasions, the respondents were driven to seek the assistance of the Court for recovering the rent due. In each case, the amount tendered as rent in these proceedings pertained to several months.