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TMI Blog2001 (12) TMI 866X X X X Extracts X X X X X X X X Extracts X X X X ..... hich there are four shops on the ground floor, one of which is in occupation of the tenant on a monthly rent of ₹ 55/-. Earlier a suit seeking eviction of tenant for his failure to pay or tender the amount of rent due from him was filed but the same was dismissed on account of the tenant having earned protection from eviction by making payment/deposit under sub- Section (4) and (6) of Section 13. Once again the tenant fell into arrears of rent for the period from 1.3.1985 to 30.6.1986. The present suit was filed on the ground of second default. On 4.5.1985, the tenant had deposited in Court 6 months rent vide challan No.36 in Civil Misc. Case No.27/85 and subsequently, on 30.10.1985, another 12 months rent vide tender No.2230 in Civil Misc. Case No.89/85. Both these deposits were made under Section 19A of the Act. The Trial Court held the deposits to be valid deposits under Section 19A while the First Appellate Court and the High Court have held the deposits not to be valid and hence the tenant to be a defaulter. The controversy centers around the interpretation of Section 19A. Sections 13 and 19A, which are relevant, are extracted and reproduced hereunder: Sec.13 Evict ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e time specified therein, the court shall order the defence against eviction to be struck out and shall proceed with the hearing of the suit. (6) If a tenant makes deposit or payment as required by sub-section (4) no decree for eviction on the ground specified in clause (a) of sub-sec.(1) shall be passed by the court against him: Provided that a tenant shall not be entitled to any relief under this sub-section, if having obtained such benefit or benefits under section 13- A in respect of any such accommodation if he again makes a default in the payment of Rent of that accommodation for six months. Sec.19-A. Payment, remittance and deposit of Rent by tenant. Subject to the provisions of this section every tenant shall pay rent within the time fixed by contract or in the absence of such contract, by the fifteenth day of the month next following the month for which it is payable. (2) Every tenant who makes a payment on account of rent shall be entitled to obtain a receipt for the amount paid duly signed by the landlord or his authorised agent. (3) A tenant may, apart from personal payment of rent to the landlord, remit or deposit rent by any of the following methods- (a) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he learned counsel for the tenant, the landlord was avoiding to accept the amount of rent tendered by him, and therefore, on 12.2.1985 through his local counsel he had given a notice to the landlord calling upon him to disclose his bank, bank account number and nature of bank account so that the tenant could deposit the amount of rent in the landlord s bank account. The landlord gave no response to the notice, and therefore, the tenant deposited the amount of rent in arrears in the court consistently with clause (c) of sub-section (3) of Section 19-A of the Act which deposit shall be deemed to be a payment or tender, to the landlord under subsection (4) of Section 19-A. The first Appellate Court and the High Court have held that in order to be a valid deposit under Section 19-A, the deposit in the court must be preceded by a remittance by postal money order at the ordinary address of the landlord and in the event of such money order being received back then by a notice in writing to the landlord calling for the particulars contemplated by Section 19-A (3)(b) and it is only after having taken both the steps consecutively that the tenant becomes entitled to make a deposit in the cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y particulars of bank account are joined by conjunction and . A plain reading of the provision may give an impression that the tenant must remit the rent due by postal money order under clause (a) and, on such money order being received back by him under a postal endorsement of refusal or unfound, call upon the landlord by serving a notice in writing to specify the particulars of a bank account for the purpose of depositing therein the rent due. It is on the failure of the landlord in complying with such demand of the tenant that the latter gets a right to deposit the rent in the court. In short, it is the submission of the learned counsel for the landlord that the tenant must comply with the requirement of both the clauses (a) and (b) of sub-Section (3), followed by landlord s failure to respond, whereupon only a right to make a deposit in Court under clause (c) accrues to tenant. If the tenant has taken only one of the two steps contemplated by clauses (a) and (b), then a right to make deposit in the court under clause (c) would not accrue to the tenant and even if made, it will not be a valid deposit and the deeming fiction of payment or tender of the amount of rent due provide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he legislative intent clearly spelled out, require that to be done. (See Statutory Interpretation by Justice G.P. Singh, 8th Edition, 2001, p.370). We are, therefore, clearly of the opinion that the tenant s right to deposit the rent due in the Court under clause (c) arises if such deposit is preceded by the tenant having adopted one of the two methods contemplated by clauses (a) and (b) of sub-Section (3) of Section 19A. However still, the question which remains to be examined is whether the tenant had at all asked for the particulars of bank account by giving a notice in writing under clause (b) abovesaid. The tenant has exhibited a copy of notice dated 12.2.1985 allegedly sent on his behalf by his advocate to the landlord. This notice is alleged to have been despatched by post under a certificate of posting. A postal receipt scribed on a piece of paper with postal stamps affixed and bearing postal seal of date 12.2.1985 has been exhibited. The landlord has on oath denied the receipt of any such notice. Clause (b) of sub-section (3) of Section 19-A speaks of a notice in writing but does not prescribe the manner of sending and serving the notice. If a notice is sent throu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot have sent the notice to the landlord through registered post. Moreover we find the address of the landlord on the copy of the notice written as __ Sitaram, s/o Hariram by caste Goldsmith, r/o Sunaron-ka-bas, Jodhpur, while the certificate of posting reads the address as __ Sitaram Sunar, S/o Hariramji, Sunaron-ka-bas, Shahpura, Jodhpur. It is not clear who handed over the notice to the post office. The tenant Fakir Mohammed and his son Mohammed Sharif are the only two witnesses examined by defendant. None speaks of he himself having posted the notice. The notice purports to have been given through an advocate who has not been examined. It is interesting to note that a plea as to any notice in writing under Section 19-A(3)(b) having been sent to the landlord, and that too under a certificate of posting, is not raised in the written statement. The issues were settled on 17.12.1987. Additional issues were framed on 16.11.1988. The defendant-tenant took time for adducing evidence on 13.3.1989 and 6.4.1989. Belatedly on 9.5.1989, through an application under Order 13 Rule 2 of the C.P.C., leave of the Court was sought for, for placing on record the copy of notice and the certi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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