BISWAJIT PATI vs SURAMI PATI & ORS.

The Supreme Court ruled that under Section 7(2)(i) of the Orissa House Rent Control Act, 1967, a tenant cannot be evicted for non-payment of rent if the landlord refuses to accept the rent offered. The Court emphasized that the tenant's defense cannot be struck off merely for non-payment when the refusal of rent is due to the landlord's unilateral enhancement of rent. The Court held that the tenant was not in default and allowed the appeal, thereby upholding the tenant's right to continue in possession of the premises.