Excelsior Correspondent
JAMMU, Apr 26: Deciding an important question of law, High Court today held as fatal non-mentioning of 30 days period in the notice to tenant to pay arrears of rent.
In a civil second appeal filed by the landlord against the judgment of dismissal of suit for eviction of the tenant from the shop, Justice Janak Raj Kotwal directed eviction of the tenant from the tenanted shop on the ground of personal requirement of the landlord.
However, on the question of law as to whether it is mandatory that the period of 30 days— the statutory period to make the payment of arrears from the receipt of the notice, is required to be mentioned in the notice and non-mention of the same is fatal to the suit, Justice Kotwal said, “it is mandatory for the landlord to specify 30 days period for payment or deposit of the arrears of the rent in the notice issued by him in terms of the provision of law”.
“If 30 days period for payment/deposit of the arrears of the rent is not mentioned in the notice, it shall remain open for the tenant to pay/deposit the arrears at any time of his choosing and default for the purpose of filing the suit for ejectment on that ground will never be constituted”, High Court said, adding “the duty as such is cast on the landlord to ask the tenant by virtue of the notice to pay or deposit the arrears within 30 days of the receipt of notice”.
The appellant landlord was represented by Senior Advocate L K Sharma with Advocate Vishal Sharma while as the tenant was represented by Advocate S D Sharma.
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