Summary
The Supreme Court set aside refusal to extend time or condone delayed rent deposits and ordered restoration of the tenant’s possession within one week. The High Court had overlooked substantial arrears paid in execution, accepted by the landlady in full satisfaction, and the later mesne-profit deposit. The consent order permitting occupation until 30 April 2019 governed the parties rather than inconsistent earlier Tribunal directions. Continuing payment remained mandatory, and subsequent default could be pursued by the landlady.
Issues
- Whether refusal to condone delayed deposits overlooked material payments and defeated substantial justice.
- Whether earlier Tribunal directions or the later High Court consent order governed the payment obligations.
- What relief followed after the landlady had obtained possession.
Held
- The Rs. 96,997 deposited in execution before the first refusal, its acceptance in full satisfaction, and the subsequent Rs. 33,000 payment were relevant to delay condonation. The High Court failed to address those circumstances while exercising jurisdiction intended to secure the ends of justice. The belated deposits satisfied the later order on the evidence before the Court. (¶¶ 13, 14, 15, 16, 19)
- The landlady’s reliance on the earlier direction for triple rent failed: the relevant repossession-certificate date was not established, and the later consent order of 1 November 2017 superseded inconsistent Tribunal terms. The latter order, including its payment requirements and permitted occupation period, governed compliance. (¶¶ 12, 17, 18)
- The tenant was to be restored to possession within one week and continue depositing mesne profits under the High Court’s order. Any future default left the landlady free to take appropriate proceedings; the relief did not eliminate continuing obligations. (¶ 20)
Result
Appeals allowed; refusal orders of 15 January and 27 February 2018 set aside and possession to be restored within one week, subject to continuing mesne-profit payments and the landlady’s remedies for subsequent default.