TMI Blog2002 (10) TMI 794X X X X Extracts X X X X X X X X Extracts X X X X ..... was received by the landlords, thereafter as per the case of the respondents, tenant defaulted in payment of rent. The appellant filed suit for injunction in the Civil Court praying that the landlords be restrained from threatening to dispossess the appellant from suit premises. In the said suit, an interim injunction was granted in favour of the appellant. On 1st November, 1993, the landlords issued a default notice alleging that the tenant had committed default in payment of rent and was, therefore, liable to eviction. The tenant replied to the said notice on 20th November, 1993 denying any default on his part in payment of rent. Ultimately, on 7th February, 1994, an eviction petition was filed before the Rent Controller by the landlords ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ellate Authority was whether the tenant had committed default in payment of rent? The Appellate Authority held that the tenant had committed default, and therefore, the eviction petition was allowed. It was observed by the Appellate Authority that even after the petition had been filed by the landlords, the tenant did not think of offering the rent to the landlords. Further the tenant did not issue notice as required under Section 8(2) of the Act calling upon the landlords to notify the Bank where the tenant could make the deposit of rent. On the basis of the evidence on record, the Appellate Authority held that the tenant had committed default in payment of rent, and therefore, the eviction petition was allowed. No finding was however reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which the building is situated of if there is no such bank in such city, town or village, within ( five kilometers) of the limits thereof. Explanation It shall be open to the landlord to specify from time to time by a written notice to the tenant and subject to the proviso aforesaid, a bank different from the one already specified by him under this sub-section. (3) If the landlord specifies a bank as aforesaid, the tenant shall deposit the rent in the bank and shall continue to deposit in it any rent which may subsequently become due in respect of the building. (4) If the landlord does not specify a bank as aforesaid, the tenant shall remit the rent to the landlord by Money Order, after deducting the money order commission. (5) If ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant in payment of rent and therefore, no eviction order could have been passed against the appellant on that ground. According to the learned counsel, the Court should not take a technical view of the matter and should appreciate that it was on account of refusal of the landlords to accept the rent sent by way of money orders that the tenant was driven to move the Court for permission to deposit the arrears of rent. Since there is a substantial compliance of Section 8 in as much as the arrears of rent stand deposited in Court, a strict or technical view ought not to have been taken by the High Court. We are unable to accept this contention advanced on behalf of the appellant by the learned counsel. The rent legislation is normally intended ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction under Section 19-A (4) of the Act. It is settled law that a legal fiction is to be limited to the purpose for which it is created and should not be extended beyond that legitimate field. [See: Bengal Immunity Co.Ltd. v. State of Bihar (1955) 2 SCR 603 at p.646. The appellant can avail of the benefit of Section 19-A (4) if the deposit of ₹ 3600 made by him in the Court of Munsif (South), Udaipur, on 29.10.1982, by way of rent for the months of May 1982 to October 1982, can be treated as a payment under Section 19-A (3) (c) so as to enable the appellant to say that he was not in default in payment of rent. Under Section 19-A (3) (c) the tenant can deposit the rent in the court only if the conditions laid down in the said provision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure prescribed under Section 8. The only submission that was advanced on behalf of the appellant was that since the deposit of rent had been made, a lenient view ought to be taken. We are unable to agree with this. The appellant failed to satisfy the conditions contained in Section 8. Mere refusal of the landlord to receive rent cannot justify the action of the tenant in straightaway invoking Section 8 (5) of the Act without following the procedure contained in the earlier sub-sections i.e. sub-sections (2), (3) and (4) of Section 8. Therefore, we are of the considered view that the eviction order passed against appellant with respect to the suit premises on the ground of default in payment of arrears of rent needs no interference. The impu ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
