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TMI Blog2013 (6) TMI 608X X X X Extracts X X X X X X X X Extracts X X X X ..... nhances the utility to the tenant with respect to the property which attracts service tax on commercial properties. Section 108 of the Transfer of Property Act, 1882 enlists the rights and liabilities of the lessor and the lessee. Suffice would it be to state that clause (l) thereof, casts a legal duty on the lessee to pay or tender the agreed rent at the proper time and proper place. Thus, notwithstanding there being or there not being a term in the lease deed, it certainly would be the duty of every tenant to pay the rent to the landlord as per the agreement. - Decided against the tenant. - RFA(OS) 64/2012 - - - Dated:- 20-7-2012 - Pradeep Nandrajog And Manmohan Singh,JJ. For the Petitioner : Mr. R. L. Kohli, Advocate F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... between the parties every three years. 3. Clause 8 of the lease deed refers to the situation of the lessee being in default of rent. The clause reads as under: 8. That in case any cheque issued by the LESSEE for the payment of rent is dishonoured by the Bankers of the LESSEE and the same is not replaced by the LESSEE by a demand draft/Banker s cheque within 15 days of the notice, it shall constitute default in the payment of rent and in case there be such two consecutive defaults for the payment of rent for two consecutive month, the tenancy shall stand determined and terminated. The notice referred to shall be notices sent and serve by the registered AD post. 4. Alleging that the tenant paid the agreed rent upto June 30, 2007 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pellant took the premises on rent as per the registered lease deed relied upon, as the foundation of the claim in the suit. Being in arrears of rent was also not denied, but at the forefront was a defence predicated under Section 114 of the Transfer of Property Act. However, it was pleaded that the tenant, i.e., the defendant/appellant was not liable to pay service tax alleging that the same is the liability of the landlord. It was specifically pleaded in preliminary objection No.1 : The defendant is however prepared to pay the rent due till date along with the interest and the costs of the suit and accordingly claims the relief against forfeiture for non-payment of rent under Section 114 of the Transfer of Property Act. 7. Having admit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fault in payment of rent is admitted. 10. With respect to the defence predicated by the defendant i.e. the appellant, that it was entitled to a defence under Section 114 of the Transfer of Property Act, the learned Single Judge has noted that benefit thereof was already granted to the tenant in terms of the order dated February 2, 2011. The said order grants an opportunity to the defendant to pay the outstanding rent. The learned Single Judge has noted that rent has not been paid. 11. With respect to Section 114 of the Transfer of Property Act, suffice would it be to state that it is a defence available to the tenant to pray to be relieved against forfeiture of the tenancy, but for doing so, the tenant has to, at the first hearing of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord was obliged to serve notice under Regd.A.D.Post upon the tenant informing that it is in default of rent by two months. The clause contemplates automatic forfeiture of the lease if in spite of said notice served the rent is not tendered. 15. The pleadings in the plaint, with respect to the various notices was sought to be made good by the respondents, who have filed the postal receipts as also AD cards evidencing that at the registered address of the appellant the notices were sent under Regd.A.D.Post and acknowledgment cards were received back under acknowledgement of receipt. The controversy sought to be raised with respect to the stamp affixed on the acknowledgment cards, bearing or not bearing the signatures of a person authorized ..... X X X X Extracts X X X X X X X X Extracts X X X X
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