In valid notice u/s 12 2 of bombay rent act
CA HIMANSHU DHABALIA
(Querist) 19 August 2013
This query is : Resolved
IF NOTICE FOR ARREARS OF RENT MENTIONS THAT
PLEASE PAY ARREARS OF RENT OF LAST 5 YEARS IN ONE MONTH AND YOUR TENANCY WILL BE TERMINATED IN ONE MONTH.
IS IT A VALID NOTICE? CAN I HAVE CITATION WHERE SUCH NOTICE CAN BE INVALID
REGARDS
prabhakar singh
(Expert) 20 August 2013
If notice is exactly worded as "YOUR TENANCY WILL BE TERMINATED IN ONE MONTH."
Then tenancy would not be deemed to have been terminated due to"WILL BE"used as there would be further requirement to issue a fresh notice stating termination of tenancy.Had it been so to say"SHALL STAND TERMINATED AFTER A MONTH" it would have been okay.Ordinarily the clause is phrased as"your tenancy is hereby terminated and you are hereby directed to vacate the premises and hand over vacant possession to me (landlord)just after passing of 30th day or a month after service of this notice on you".
However,the entire contents of notice has to be taken care of by the court to draw inference as to what has really been intended and not any single word,phrase or a sentence.
Rajendra K Goyal
(Expert) 20 August 2013
Well advised by the expert prabhakar singh ji. Search citation on google.
