https://www.taxtmi.com/caselaws?id=174297 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. en-us Thu, 10 Apr 1997 00:00:00 +0530 Mon, 05 Oct 2015 17:29:05 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=174297 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. Case-Laws Indian Laws Thu, 10 Apr 1997 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=174297