9911796707
TMI Blog1997 (4) TMI 503X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant became the tenant and paid the rent to the landlords. On March 10, 1981, the landlords wrote a letter directing the appellant to pay rent jointly to one Shivajibhai Patel and one Ratilal Patel w.e.f November 1, 1980. The appellant acted upon the letter and sent to the aforesaid two persons on may 6, 1981 the rents payable from November 1, 1980 to April 30, 1980. The said cheque was returned to the appellant as being not acceptable. Subsequently, he was in the dark as to whom the rent was to be paid. It would appear that the landlords earlier to their letter dated march 10, 1981 had entered into an agreement with the respondent on September 27, 1980 and pursuant thereto, to the sale deed came to be executed and registered on July ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he standard rent or permitted increases has been served upon the tenant in the manner provided in section 106 of the Transfer of property Act, 10882. (3) (a) Where the rent is payment is payable by the month and there is no dispute regarding the amount of standard rent or permitted increases, if such rent or increases are in arrears for a period of Six months or more and the tenant neglects to make payment thereof until the expiration of the period of one Month after notice referred to in sub-decree for eviction in any such suit for recovery of possession. A reading thereof would indicate that the landlord shall not be entitled to the recovery of possession of demised premises as lo g as the tenant pays or is ready and willing to pay ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he notice, on expiry of one month next after notice in writing an d the payment of the standard rent or the permitted increases has been served upon the tenant, the landlord is entitled to file the suit for ejectment. In such event, the court is empowered to order eviction. The question is: whether the appellant was in arrears in the payment of the rent? After the receipt of the notice when he tendered the rent to the advocate whether he has committed default. Here is the case where the previous landlords, admittedly, had not given any notice to the appellant informing him of the sale of the property to the respondents at any time before the notice issued except for the first time through the advocate intimating to the appellant of the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tting that he was not the rent collector for his clients. The tenant thereupon sent a fresh cheque of the entire amount of the rent in the name of the landlord indicated in the notice. Respondent No.1 refused to accept the cheque and when the amount of rent again tendered by money order, it was once again refused by the respondent. It is well settled that a transferee of the landlord with all the rights and liabilities of the transferor landlord in respect of the subsisting tenancy. The section does not require the transfer of the right of the landlord can take effect only if the tenant's attorns to him. Validity of the transfer of the landlord's rights. Since section 106 in terms of the old terms of lease by the transferor landlord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t, instead of taking a risk to send the rent to third party, chose to send the arrears of the rent in the name of the advocate, who issued notice. Under these circumstances, tendering the amount within 30 days to the agent on behalf of the principal, is a legal tender of the amount of arrears of rent. Thereby , by operation of sub-section (3) (a) of section 12, the appellant has tendered the amount. Thereby, he has not committed any default in the payment of rent on account of which he is not liable to be ejected from the demised premises. The respondent man by issuing a notice at the earliest to the appellant calling upon him to pay the rent to him. Instead, he waited for two years obviously to created a condition of default and then got t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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