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Issues:
1. Default in payment of rent by the tenant. 2. Validity of the notice served by the landlord. 3. Legal implications of tendering rent by cheque. 4. Applicability of Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Analysis: The case involved a dispute regarding the default in rent payment by the tenant. The appellant, who became the tenant after his brother's demise, received a notice from the landlord's advocate demanding arrears of rent. The appellant contended that he had paid the rent within 30 days of receiving the notice and, therefore, was not in default. The key legal provision in question was Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, which outlines conditions for eviction based on non-payment of rent. The judgment emphasized that for eviction on the grounds of rent default, two conditions must be satisfied: firstly, there must be a default in rent payment for six months or more, and secondly, a notice in writing must be served to the tenant under Section 106 of the Transfer of Property Act, providing one month's time before filing for eviction. The court highlighted that the tenant must be ready and willing to pay the rent within the specified period to avoid default. Regarding the validity of the notice served by the landlord's advocate, the court noted that the tenant, in good faith, tendered the rent to the advocate within 30 days of receiving the notice. The court held that the tenant's action of sending the rent to the advocate, acting as an agent on behalf of the landlord, constituted a legal tender. The court further explained that tendering rent by cheque is a valid method of payment, as established in previous legal precedents. In conclusion, the court found that the tenant had not committed any default in rent payment as he had promptly tendered the rent to the advocate within the stipulated time frame. The court criticized the landlord's delay in issuing the notice, indicating an attempt to create a default situation. Consequently, the court allowed the appeal, setting aside the judgments of the High Court and lower courts, ruling in favor of the tenant based on the legal provisions and the actions taken by the parties involved.
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