PUSHPABEN NARAYAN RATHOD Vs. UTTAMCHAND BUURMAL NAHAR

JUDGEMENT

(1.) A short but interesting question is raised by a somewhat novel argument advanced by Shri V.P. Tipnis, the learned Advocate for the petitioner, whose appeal against the decree for eviction on the ground of default in payment of rent for a period of more than six months, has proved unsuccessful. Admittedly the petitioner tenant was in arrears of rent for the period from 1st January, 1976 to 30th September, 1976 and the arrears amounted to Rs. 245-70P. The landlord since deceased addressed a notice dated 5th October, 1976 to the petitioner calling upon her to pay all arrears of rent then due and terminated her tenancy at the end of November 1976. The notice was served on the petitioner on 7th October, 1976. The petitioner paid all arrears of rent up to the end of October 1976 on 11th November, 1976 vide the receipt of even date. The landlord filed suit on 1st December, 1976 for decree of eviction against the petitioner under section 12(3)(a) of the Bombay Rent Act on the ground that the petitioner was in arrears of rent for more than six months and that she neglected to make payment thereof until expiration of the period of one month after receipt of the notice. The suit came to be decreed as mentioned above and the appeal preferred by the petitioner against the said decree was dismissed.

(2.) Shri Tipnis, the learned Counsel for the petitioner urged that no decree can be passed against the petitioner under the Bombay Rent Act because the payment made by the petitioner on 11-11-1976 was a valid payment within the meaning of section 12(3)(a) of the Bombay Rent Act. According to him the period of one month contemplated by section 12(3)(a) expired at the expiration of the month next to the month in which the notice contemplated by section 12(2) of the Bombay Rent Act was received by the tenant. Elaborating this argument further he submitted that the period of one month contemplated by section 12(2) of the Rent Act and section 12(3)(a) is the same. Hence according to him if the notice is served on any date in October, then the tenant can pay rent any time before 30th November and that the landlord by virtue of section 12(2) is prevented from filling a suit before that date. He pointed out that the word "month" is not defined in the Bombay Rent Act and referred, in support of his argument that the period of one month must be reckoned according to the British Calendar, to the meaning attached to the said phrase in the General Clauses Act and in New Websters Dictionary of the English language (Deluxe Encyclopedic Edition page 620).

(3.) Section 3(30) of the Bombay General Clauses Act, 1904 which is applicable to all Bombay and Maharashtra Acts made after the commencement of the said Act, unless there is anything repugnant in the subject or context, defines the word "month" to mean a month reckoned according to the British Calendar.