AI Overview...
- Habitual Defaulter - Main points and insights:
- Multiple cases establish that a tenant is considered a habitual defaulter if they consistently default in paying rent, either intentionally or due to inherent incapacity SANANDA SAHU VS RAMCHANDRA SAHU - Orissa, SRI DWIJENDRANATH BOSE VS SRI GOVINDA CHANDRA SAHU - Orissa, Harihar Commercial Corporation Ahmedabad VS Regional Provident Fund Commissioner, Ahmedabad - Gujarat, Madhao s/o Ramchandra Tarar VS Madhao s/o Pundlik Mahajan - Bombay.
- Courts evaluate evidence such as rent receipts, payment records, and landlord-tenant practices to determine habitual default status.
- Some courts emphasize that irregular payment alone does not necessarily classify a tenant as a habitual defaulter if there is evidence of regular payment or landlord's acquiescence GANPAT VS RAMESHWAR - Bombay, Pandurang Tukaram Rajkondawar VS Balaram Madhaorao Chavan - Bombay.
- The definition includes both wilful defaults and habitual patterns of default, with some judgments noting that occasional delays do not suffice for classification SANANDA SAHU VS RAMCHANDRA SAHU - Orissa, Pandurang Tukaram Rajkondawar VS Balaram Madhaorao Chavan - Bombay.
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The concept is also linked to whether defaults are intentional or due to disability, with courts considering the tenant's circumstances Pandurang Tukaram Rajkondawar VS Balaram Madhaorao Chavan - Bombay.
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Analysis and Conclusion:
- The designation of a tenant as a habitual defaulter hinges on consistent default behavior supported by evidence like rent receipts and landlord testimony.
- Courts differentiate between occasional defaults and habitual patterns, often considering the tenant's willingness and the landlord's conduct.
- A tenant's regular payments, even if sometimes delayed, may negate habitual defaulter status if supported by evidence.
- Overall, the determination is fact-specific, focusing on the pattern of defaults and the tenant's intent or circumstances BISHNU KUMAR SHAH VS C. J. M. -CUM-HOUSE RENT CONTROL AUTHORITY, BALASORE - Orissa, KUNHIKANNAN VS KALLIANI - Kerala.
References: - SANANDA SAHU VS RAMCHANDRA SAHU - Orissa - Girijanandan Singh Parashram VS New Cotton Ginning And Pressing Company - Supreme Court - SRI DWIJENDRANATH BOSE VS SRI GOVINDA CHANDRA SAHU - Orissa - Pandurang Tukaram Rajkondawar VS Balaram Madhaorao Chavan - Bombay - GANPAT VS RAMESHWAR - Bombay - Pandurang Tukaram Rajkondawar VS Balaram Madhaorao Chavan - Bombay - Harihar Commercial Corporation Ahmedabad VS Regional Provident Fund Commissioner, Ahmedabad - Gujarat - BISHNU KUMAR SHAH VS C. J. M. -CUM-HOUSE RENT CONTROL AUTHORITY, BALASORE - Orissa - Madhao s/o Ramchandra Tarar VS Madhao s/o Pundlik Mahajan - Bombay - KUNHIKANNAN VS KALLIANI - Kerala
Search Results for "Habitual Defaulter"
1955 0 Supreme(Ori) 78 • India - Orissa
MISRA
Whether the Defendant was a habitual defaulter and was in arrears of rent? Ratio Decidendi: 1. ... The Defendant claimed that he was not a habitual defaulter and was ready to pay the rent, but it was refused. ... Finding of the Court: The courts below found that the Defendant was a habitual defaulter and was in arrears of rent ... The case for the defence was that the Defendant was not a habitual defaulter and he was ready and always willing to pay....
1998 0 Supreme(SC) 228 • India - Supreme Court
S.RAJENDRA BABU, A.S.ANAND, B.N.KIRPAL
Rent Control Order - Tenancy Dispute - The court held that the tenant was not a habitual defaulter and set aside the order of ... The Rent Controller allowed the application, but the appellate authority held that the tenant was not a habitual defaulter. ... The court found that the tenant was not a habitual defaulter based on the evidence and the practice developed between the parties ... It was asserted that since he was paying rent as and when demanded, he could not be deemed to be a....
1983 0 Supreme(Ori) 174 • India - Orissa
P.K.MOHANTI, D.P.MOHAPATRA
Finding of the Court: The Court found that the tenant was a habitual defaulter and had wilfully defaulted in paying ... Issues: Whether the tenant was a habitual defaulter and had wilfully defaulted in paying rent, warranting eviction under Section ... defaulter. ... In the present case, the landlord produced the counterfoils of rent receipts (Ext. 6 series) from May, 1975 to February, 1977 in order to show that the tenant was a habitual #HL_START....
1984 0 Supreme(Bom) 357 • India - Bombay
G.A.PAUNIKAR, PATEL
Whether the tenant was a habitual defaulter in payment of rent within the meaning of Cl.13(3)(ii) of the R.C.O., 1949? 2. ... The court held that a tenant is a habitual defaulter if he either forms a habit to commit defaults or suffers from an inherent disability ... defaulter in payment of rent. ... Mahant Amardas, reported in 1977 Mah LJ (Notes) 67 that - ... "the tenant could not be a habitual defaulter on the ground that he did not pay rent regularly every month i....
1974 0 Supreme(Bom) 77 • India - Bombay
D.B.PADHYE
Whether the tenant was a habitual defaulter. 2. Whether the tenant had secured alternative accommodation. 3. ... The court held that the tenant was not a habitual defaulter as the Schedule filed by the landlord showed that he had been paying ... The court also found that the landlord had not provided sufficient evidence to establish that the tenant was a habitual defaulter ... I tenant had stated that he has been paying the rent every month and thus he was not habitual#HL_END....
1982 0 Supreme(Bom) 116 • India - Bombay
G.A.PAUNIKAR, H.D.PATEL
tenant was a habitual defaulter. ... RENT CONTROL ORDER, 1949 - SECTION 13(3)(II) - INTERPRETATION - HABITUAL DEFAULTER - LANDLORD'S ACQUIESCENCE - EVIDENCE - PRACTICE ... Whether the tenant was a habitual defaulter in payment of rent within the meaning of Clause 13(3)(ii) of the Rent Control Order, ... ... “the tenant could not be a habitual defaulter on the ground that he did not pay rent regularly every month in view of the landlord's admission t....
1996 0 Supreme(Guj) 652 • India - Gujarat
S.K.KESHOTE
Finding of the Court: The court found that the petitioner was a habitual defaulter in making payments and upheld the ... Ratio Decidendi: The court upheld the order, considering the petitioner as a habitual defaulter and noting that the damages ... defaulter and noting that the damages imposed were lenient given the circumstances. ... I am satisfied that it is a case where the petitioner is habitual defaulter in making of the payment of different amount of contribu....
1999 0 Supreme(Ori) 54 • India - Orissa
P.C.NAIK, P.K.MOHANTY
Whether the tenant was a wilful and habitual defaulter in payment of rent. 2. ... The House Rent Controller and the Appellate Authority rejected the application, finding that the tenant was not a habitual defaulter ... defaulter. 2. ... It is his submission that the learned House Rent Commissioner has misconstrued and misconceived the position of law in respect of payment of house rent and the scope of a plea of habitual and wilful defaulter in coming to a finding tha....
2009 0 Supreme(Bom) 1435 • India - Bombay
VASANTI A.NAIK
The evidence tendered by the petitioner No. 1 and his father ’R’ clearly demonstrated that the respondent was a habitual defaulter ... The oral and documentary evidence on record shows that the respondent was a habitual defaulter and the Rent Controller had therefore ... 1949 - Clause 13(3)(ii)(vi) - Application under - Seeking permission to terminate tenancy - Tenant-respondent in arrears of rent - Habitual ... It was denied that the tenant was a habitual defaulter. ....
1972 0 Supreme(Ker) 124 • India - Kerala
V.KHALID
The court also found the statement about the complainant being a habitual defaulter in paying rent to be prima facie defamatory, ... The court also found the statement about the complainant being a habitual defaulter in paying rent to be prima facie defamatory, ... It also held that the statement about the complainant being a habitual defaulter in paying rent was prima facie defamatory, warranting ... P4 about the complainant having gained notoriety as a habitual #HL_....
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