In Brief
Landlords sought eviction of tenants for non-payment of rent. The tenant had agreed to pay Rs. 250 per month but the trial court fixed provisional rent at Rs. 150. The tenant admitted the agreed rate but paid only the provisional rent. The tenant later failed to pay rent regularly during appeal proceedings. The Supreme Court held that a tenant is protected from eviction only if provisional rent is paid strictly as scheduled under the Act—by the 15th of each month and within prescribed periods. Mere willingness to pay arrears later does not provide protection. The court cannot waive or condone defaults in post-suit rent payments. Accordingly, the appeal was allowed and the tenant was directed to vacate within one month."
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