Implied authorisation of money-order rent payment protects tenant from default when postal delay occurs after timely remittance.

Where rent payment by money order is impliedly authorised by the landlord, tender of the amount to the post office within time constitutes payment to the landlord's agent, or at least to a common agent of both parties. A subsequent delay in postal transit, beyond the tenant's control, does not amount to default under Section 3(1)(a) of the U. P. (Temporary) Control of Rent and Eviction Act. The statutory rules relating to recall or countermand of postal remittances do not change that result on the facts found. The tenant was therefore not in default in respect of the rent remitted by money order and remained entitled to protection against ejectment.

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Issues: Whether the tenant committed default under Section 3(1)(a) of the U. P. (Temporary) Control of Rent and Eviction Act when he remitted the rent by money order within time, but the amount reached the landlords after expiry of thirty days.

Analysis: The notice of demand, the distance between the parties, the usual mode of remitting rent to out-station landlords, and the tenant's prompt intimation that payment was being sent by money order together showed an implied authorisation to use the postal channel. In such circumstances, the act of handing over the amount to the post office amounted to payment to the landlord's agent, or at least to a common agent of both parties. The delay in transit, over which the tenant had no control, could not be treated as a default by him. The statutory provisions relating to recall or countermand of postal remittances did not alter the legal effect of an impliedly authorised money-order payment in the facts found.

Conclusion: The tenant did not commit a default under Section 3(1)(a) of the Act in respect of the sum of Rs. 35, and was entitled to protection against ejectment.

Ratio Decidendi: Where payment of rent by money order is impliedly authorised by the creditor and the debtor remits the amount within time, payment is complete on delivery to the post office and any subsequent postal delay does not constitute default by the debtor.

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