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Sushil Kumar Bhatia (Advocate)     31 January 2009

notice to quit and tender of rent by M.O

Notice to quit sent by landlord to tenant on the ground of arrears of rent the tenant sent rent through M.O to the landlord on its correct residential address  & landlord refused to receive the M.O after the exipry of notice period he filed suit for arrears of rent and ejectment whether tender of rent by M.O is a legal tender and the tenant is liable to pay mesne profit , cost of the suit and ejectment even though he has deposited only entire rent in the suit


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 3 Replies

PALNITKAR V.V. (Lawyer)     01 February 2009

If whole of the arrears as demanded by the landlord had been tendered by M.O it is legal unless there is contract or law to the contrary. If the landlord refuses to accept the MO, his claim of ejectment will fail. The tenant can not be called as defaulter in such a case.

Sushil Kumar Bhatia (Advocate)     02 February 2009

Mr,Palnitkar sir




   In U.P. There is a protection of tenant  against eviction u/s 20(4) of Rent control act If the tenant has deposit entire arrears of rent+case expences+Mesne Profit+1/2 of advocate's fees + Interest +Water Taxex  on first hearing of the suit the tenant cannot be evicted on the ground of arrears of rent which ammount should be deposited in my c ase only arrears of rent or togather with all above ammounts please suggest.

PALNITKAR V.V. (Lawyer)     10 February 2009

If the law provides that all the amounts including costs, advocate fees etc should be deposited to claim protection, then obviously all the amounts must be deposited. Otherwise, the tenant will not get protection.


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