Rent default and statutory notice: prompt cheque tender within the notice period negatived eviction for non-payment.

Eviction for non-payment of rent under section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 depends on neglect to pay arrears after valid statutory notice. The tenant was found not to have defaulted because he had been misdirected earlier about rent payment, was not promptly told of the transfer of ownership, and on receiving notice immediately tendered the arrears. Tender by cheque was treated as a valid mode of payment in ordinary commercial practice, and sending the cheque to the advocate who issued the notice was justified as a prudent response. The notice requirement under section 106 of the Transfer of Property Act, 1882 was satisfied, but the prompt tender within the notice period negatived default, so eviction was not warranted.

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Issues: Whether the tenant had committed default in payment of rent so as to attract eviction under section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and whether tender of arrears by cheque to the advocate who issued notice was a valid compliance with the statutory notice requirement under section 106 of the Transfer of Property Act, 1882.

Analysis: Eviction for non-payment of rent under section 12(3)(a) requires a neglect to pay arrears after service of the statutory notice. The tenant had earlier been misdirected by the original landlords regarding payment, had not been informed of the transfer of ownership for a long time, and on receipt of the notice promptly tendered the arrears. Payment by cheque is a valid mode of tender in ordinary commercial life unless cash alone is insisted upon. The advocate who issued the notice acted as agent for the landlords for the purpose of the notice, and the tenant, acting prudently in uncertain circumstances, was justified in sending the cheque to him. The subsequent refusal by the respondents did not convert the tender into a default. Section 106 of the Transfer of Property Act was satisfied by notice in writing, and the tenant's prompt tender within the notice period negatived neglect to pay.

Conclusion: The tenant had not committed default in payment of rent, and the tender made within the notice period was valid. Eviction was not warranted.

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