Non-mentioning of 30 days period in notice to tenant to pay arrears of rent is fatal: HC

Jammu Tawi, April 26
Justice Janak Raj Kotwal of J&K High Court Jammu Wing decided an important question of law in a civil second appeal filed by the landlord against the judgement of dismissal of his suit for eviction of the tenant from the tenanted shop. The appellant landlord was represented by L K Sharma Senior Advocate with Vishal Sharma advocate while the tenant was represented by S D Sharma advocate. Justice Janak Raj Kotwal while allowing the appeal of the landlord directed eviction of the tenant from the tenanted shop on the ground of personal requirement of the landlord. But on the question of law as to whether it is mandatory that the period of thirty days i.e 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, has held that it is mandatory for the landlord to specify the thirty 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 because if thirty 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.
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 thirty days of the receipt of notice by him. However the appeal was allowed on the ground of personal requirement of the landlord regarding the tenanted shop. JNF

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