MOHAN LAXMAN HEDE vs NOORMOHAMED ADAM SHAIKH

The Supreme Court held that under Section 12(3)(b) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a tenant cannot be evicted for non-payment of rent if they pay or deposit the standard rent due before the hearing of the suit and continue to do so regularly. The Court found that the appellant had made payments with reasonable punctuality, despite some minor delays, and thus did not commit default as defined by the statute. The Court reversed the lower courts' eviction order, emphasizing the significance of 'regularity' in rent payments rather than strict punctuality.