The present application is filed by the original respondent in the Civil Revision Application whereby it is prayed that interim relief granted in the main revision application on 18th September, 2012 may be vacated, because of the reason that the condition of deposit of arrears of rent provided in the said order was not complied with by the tenant. It was submitted that other condition namely requiring the payment of rent regularly was also not observed with regularity and the rent was not being paid every month.
2. In the order dated 18th September, 2012 whereby ad-interim relief in terms of paragraph 10(B), following conditions were imposed:
(i) the applicant shall not create any encumbrance, alienate, transfer, assign or hand over the possession of the suit premises to any third party;
ii) the applicant shall deposit 50% of the arrears of rent on or before 9th October, 2012 and the remaining 50% of the arrears of rent shall be deposited on or before 30th October, 2012 in the court of learned Civil Judge (Senior Division), Bhavnagar, before whom the suit, being Regular Civil Suit No. 41 of 1999, is pending and on deposit of the aforesaid amount, the respondent original plaintiff is permitted to withdraw the same;
iii) the applicant shall deposit the amount of monthly rent on or before 15th of every month regularly, before the learned Civil Judge (Senior Division), Bhavnagar and on deposit of the aforesaid amount, the respondent original plaintiff is also permitted to withdraw the same regularly.
2.1 50% of the amount of arrears of rent was required to be deposited by 09th December, 2012 as per condition No.(ii) above. As per the condition No.(iii), tenant is required to deposit monthly rent on or before 15th day of every month regularly.
3. Concededly, the amount of 50% of arrears of rent required to be deposited on or before 09th October, 2012 has now been deposited on 16th October, 2012. There was a delay of few days in making the deposit. The averments in the application itself acknowledge the said fact. It was further stated by learned advocate Mr.Mehul Shah that though there was some irregularity in observing the payment of monthly rent on or before 15th day of every month, henceforth the tenant shall scrupulously comply with the said conditions of depositing the amount of rent regularly every month as per condition. He has further stated that at present the tenant has already deposit the amount of rent upto December, 2013 in advance.
4. In the aforesaid view, though there was a lapse in observing the conditions, it was minor and pardonable lapse. The arrears came to be deposited within few days from the deadline. The tenant by depositing advance rent showed his bonafide. Thus when compliance of condition Nos.2 and 3 above have been stand complied with though post facto, a substantial compliance can be said to have been achieved. In the circumstances, the irregularities in observance would not furnish a ground to vacate the interim relief which was granted after hearing both the sides. It is, however, observed that non-compliance of any of the conditions in future may be viewed seriously.
5. Subject to the aforesaid observations and terms, present application stands disposed of.
(N.V.ANJARIA, J.) Anup Page 3 of 3