9911796707
TMI Blog1971 (8) TMI 127X X X X Extracts X X X X X X X X Extracts X X X X ..... of rent and future rent as mentioned in the impugned order. The appellant before me is a tenant of the respondent on a rent of Rs. 2,145 per month excluding of water and electricity charges and they fell into arrears of rent for a number of years for which some suits had been instituted and decreed. The period for which the rent is said to be in arrears in this case commences on 1st February, 1968. The landlord served a notice on the respondent on 4th June, 1968, which was delivered to the tenant on 11th June, 1968, by which arrears of rent were demanded and the construction and validity of the said notice is in dispute before me. Not finding a response to the notice, the landlord-respondent instituted a petition for eviction on 15th May ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... previous arrears of rent and pendency of suits between the parties, the notice proceeds to state that the tenant had not paid the rent in spite of repeated demands and requests and their contractual tenancy stood terminated by the end of June, 1968, and the tenant was required to deliver peaceful possession of the premises by the said date. It is further stated in the notice that the counsel had been further instructed to give notice that without prejudice to the rights in the pending suits, if the aforesaid rent was not paid within three weeks of the receipt of notice, it would be deemed that the tenant was unable to pay the debts as contemplated under section 433 ( c ) of the Companies Act and the notice was requested to be treated as no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t has created a bar against the eviction of the tenant notwithstanding anything to the contrary contained in any other law or contract. A proviso has been, however, added that he would be able to obtain possession of the premises if the Controller comes to the conclusion with regard to the correctness of one or more of the grounds mentioned in the clauses in the proviso. Clause ( a ) of the said proviso provides for a situation where the tenant has neither paid nor tendered the whole of the arrears of rent legally recoverable from him within two months of the date on which notice of demand for arrears of rent has been served on him by the landlord in the manner provided in section 106 of the Transfer of Property Act. The requirement of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h a notice to quit or with a notice of non-payment of debt provided in section 434 of the Companies Act and no infirmity can be found with the notice if it is a composite notice to express intention of the landlord to take steps to recover his dues by any one or more of the various legal proceedings open to the landlord to initiate. The impugned notice is therefore, valid. I may also observe that the question of validity of notice is not to be determined at the stage of passing of an order under section 15(1) of the Rent Act which the Controller is really bound to pass under sub-section (1) of section 15 as soon as a petition for eviction has been filed on the ground mentioned in clause ( a ) of the proviso to sub-section (1) of section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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