RAMESH KUMAR Vs. BHARAT SINGH

JUDGEMENT

(1.) THE short question which requires consideration is whether the rent tendered under protest in the facts and circumstances of this case can be treated as a conditional tender and, thus, not a valid tender.

(2.) THE question has arisen on the facts emerged to the effect that the ejectment of the tenant was sought on the ground of non-payment of the rent at the rate of Rs. 45/- per month and house tax of Rs. 45/-. The tenant did tender the rent including for the months it was not due, the interest, the cost and the house tax claimed. House tax was tendered under protest. Tenant challenged his liability to pay the house tax claimed.

(3.) THE appellate Court confirmed the finding with respect to the liability to pay the house tax, but allowed the appeal inter alia holding that the tender may be treated as short tender to the extent of the amount of the house tax but the rent has been tendered for a month for which it was not due, thus, in view of the well settled law that excess rent paid may be adjusted towards the payment of rent, the tender was held to be valid. The appeal was allowed.