https://www.taxtmi.com/caselaws?id=184392 Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 is to be construed as directory rather than mandatory, because the provision is tenant-protective and intended to curb delay in eviction suits. Although the text uses "shall" for deposit of arrears and monthly rent, the decisive factors are legislative intent, the statutory object, and the injustice that would follow from an inflexible reading. The court therefore retains discretion to extend time for deposit and to grant relief against technical, accidental, or unavoidable default. Default does not automatically require the tenant's defence to be struck off where justice calls for relief. en-us Thu, 18 Apr 1985 00:00:00 +0530 Thu, 07 Jul 2016 12:14:04 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=184392 Section 11A of the Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 is to be construed as directory rather than mandatory, because the provision is tenant-protective and intended to curb delay in eviction suits. Although the text uses "shall" for deposit of arrears and monthly rent, the decisive factors are legislative intent, the statutory object, and the injustice that would follow from an inflexible reading. The court therefore retains discretion to extend time for deposit and to grant relief against technical, accidental, or unavoidable default. Default does not automatically require the tenant's defence to be struck off where justice calls for relief. Case-Laws Indian Laws Thu, 18 Apr 1985 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=184392