RASHIK LAL AND OTHERS vs SHAH GOKULDAS & ANR.

The Supreme Court held that under Clause 13(3)(ii) of the C.P. and Berar Letting of Houses and Rent Control Order, 1949, a tenant must be 'habitually in arrears with the rent' for a landlord to seek eviction. The Court established that the landlord's acceptance of belated rent payments without objection indicates an implied agreement to the modified payment terms, thus preventing eviction on grounds of wilful default. The Court restored the decision of the Rent Controller, dismissing the landlord's eviction application for bona fide requirement.