The main legal point established is that a tenant's failure to deposit rent as directed by the appellate authority constitutes wilful default, as per Section 11(4) of the Act.

1. In all these revision petitions, tenants are the revision petitioners. Eviction petition was filed by landlord on the ground that tenant has committed wilful default in payment of rent. According to the landlord, from January 1994 to October 1994, tenant has not paid rent at the rate of Rs. 1,100/- per month.

2. As per the order dated 1.11.96, Rent Controller ordered eviction. Three months time was given to tenant to vacate the building.

3. Against the order of eviction, tenant preferred R.C.A. No. 11 of 1997. Pending appeal, landlord filed application in M.P. No. 763 of 1997 on the ground that tenant has not paid rent from February 1997 to October 1997 and there must be a direction asking tenant to deposit rent in court and if he fails to do so stop further proceedings in appeal. A counter statement was filed by tenant stating that the application is lacking in bona fides and his counsel was all along ready and willing to make payment but nobody has received the amount and even now he is ready to deposit the rent. It is seen that landlord filed application in November 1997 and tenant filed counter on 31.8.1998.

4. On 16.1.1999, tenant paid a sum of Rs. 7,700/-. Landlord filed a memo on 7.9.1999 stating that for the rent from February, 1997 to October, 1997 an amount of Rs. 9,900/- is due and tenant has paid a sum of Rs. 7,700/- and he further alleged that rent upto July 1998 alone was paid. Landlord further said that from August 1998, rent are in arrears and a sum Rs. 13,200/- is due towards rent. Appellate authority passed an order on M.P. No. 763 of 1997 on 21.9.1999. Appellate Authority held that the statement by landlord is correct and tenant was directed to pay rent that has accrued till then, i.e., for a period of 13 months and he was directed to pay Rs. 14,300/- on or before 29.9.1999. It is against the said order C.R.P. No. 3685 of 1999 is filed.

5. Since the amount is not deposited, appellate authority stopped further proceedings as per dated 30.9.1999 and the same is challenged in C.R.P. No. 3684 of 1999.

6. On 30.9.1999, appellate authority also dismissed the appeal holding that tenant is wilful defaulter. Against the said decision, C.R.P. No. 3683 of 1999 is filed.

7. Notice of motion was ordered and learned counsel for respondent also entered appearance.

8. I heard the learned counsel on both sides.

9. An order of eviction is passed on the ground that tenant has wilfully defaulted in payment of rent. Pending appeal when application under Section 11(4) was filed only explanation offered by tenant was that when he was prepared to pay rent, nobody was there to receive the same. Even though such offer was made, totally payment was made on 16.1.1999 and that too only a part payment. Out of Rs. 9.900/- only Rs. 7,700/- was paid. Landlord was, therefore, compelled to file a memo on 7.9.1999 that the rent was still in arrear and as on August 1999, a sum of Rs. 13,200/-was due. By that time the order was passed on 21.9.1999, amount again swelled to Rs. 14,300/-. Contention of tenant in all these revision petitions that when he has paid the rent as claimed in M.P. No. 763 of 1997 as per the direction of appellate authority, asking him to deposit further sum of Rs. 14,300/-is not correct.

10. I do not find any merit in the said submission.

11. Under Section 11 (1) of the Act, it is the duty of the tenant to deposit all arrears of rent due in respect of the building upto the date of payment or deposit and continue to pay or to deposit any rent which may subsequently become due in respect of the building until the termination of the proceeding before the Controller or the Appellate Authority, as the case may be, Sub-section (4) of Section 11 says, if any tenant fails to pay or to deposit the rent as aforesaid, the Controller or Appellate Authority, as the case may be, shall unless the tenant shows sufficient cause to the contrary, stop all further proceedings and make an order directing the tenant to put the land