In Brief
A tenant in Assam possessed a shop under a 1988 agreement providing for monthly rent of Rs. 2,400/- (50% in cash, 50% adjustable against a Rs. 1,00,000/- advance) from date of possession (April 1990). The tenant paid only Rs. 700/- per month, claiming it was the old rate. The landlord sued for ejectment and arrears. The trial court, Appellate Court, and High Court all held the tenant was in default; even after adjusting the entire advance amount, Rs. 7,614/- remained unpaid. The Supreme Court upheld the ejectment, holding that the tenant must pay the rent rate specified in the new agreement, and a deposit of an earlier, lower rate does not satisfy statutory protection under the Assam Urban Areas Rent Control Act, 1972.
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