PRAKASH MEHRA Vs. K L MALHOTRA

JUDGEMENT

(1.) This is a landlady's appeal by special leave arising out of proceedings for the ejectment of the respondent- tenant.

(2.) The appellant let out the premises in suit to the respondent on I September, 1962, the rent being stipulated as payable in advance. With effect from 1 January 1972 the rent payable was Rs. 515/- per month. On 29 November 1972, the contractual tenancy was determined by notice. The respondent received a notice on 7 May 1976 calling upon him to pay the arrears of rent. The rent in fact had been received upto 31 March 1976 and, therefore, when the notice of demand was served on the respondent rent for the months of April and May 1976 had fallen due. The rent was payable in advance.

(3.) On 13 May 1976, the respondent offered a bank draft of Rs. 515/- to the appellant. The appellant refused to accept it. Two days later, the respondent sent the same bank draft by registered post. The appellant received the bank draft and retained it. On 7 June 1976, the appellant wrote to the respondent informing him that his tender was ' was not valid. On 11 June, 1976, the respondent sent another bank draft for Rs. 515/- to the landlady, and this draft again was neither encashed nor returned.