Judgment

SABYASACHI MUKHARJI, J. :- Special leave granted and Appeal disposed of as follows :-

This is an appeal against the judgment and order of the High Court of Patna in second appeal, which was in respect of eviction from a premises at Arrah in Bihar. This is the landlords appeal. The landlord sued the tenant on the ground of default in payment of rent, as well as on the ground of bona fide need and also for arrears of rent. The eviction sought for was by a suit and the learned Trial Judge, the learned Addl. Munsiff decreed the suit on the ground of default in the payment of rent as well as on the ground of bona fide need of the landlord. It is not necessary in the view we have taken to set out in detail the grounds and the findings arrived at by the Trial Court. The Trial Court came to the conclusion that the tenant was a defaulter and that the defendant had full knowledge about the fact that the landlord and her family members reside at Meghalaya. The defendant had not paid rent for period of default i.e. from July, 1974 till the date of the suit to the plaintiffs at their address in Meghalaya. It was urged on behalf of the tenant that he sent money order to Sonabarsa address. It was proved that the landlord and her family members do not live at village Sonabarsa. So even if the rent had been sent, as alleged by the defendant the Trial Court found as alleged by the landlord that could not be a valid tender. Furthermore, the learned Addl. Munsiff found that notice under Section 106 of the Transfer of Property Act had been given to the tenant on behalf of the landlord which was dated 12th November, 1977 and it was served on the tenant on 29th November, 1977 which was duly proved. The acknowledgment of receipt of that thing was also proved. In the notice it had been clearly stated that plaintiff No. 3 had been appointed attorney by the owners/plaintiffs for realising arrears of rent and filing suit. It is further admitted by the defendant in his evidence that plaintiff No. 3 resides just by the side of the suit premises on the upper floor. In spite of this the defendant wilfully neglected to pay any rent to plaintiff No. 3 from 29-11-77 to 19-4-78 i.e. the date of the suit. Accordingly, the learned Trial Judge discussed the evidence extensively and came to his finding as aforesaid. This finding of the learned Trial Judge was affirmed by the learned Subordinate Judge to whom the appeal was taken. The learned Subordinate Judge in his judgment analysed the facts. He noted that the tenant has stated in his written submission that he used to send the rent at Sonabarsa address though he got information about the purchase of the suit land by the respondent after a great delay. After discussing the relevant facts which are more or less the same as discussed by the learned Trial Judge the learned subordinate Judge being the First Appellate Court came to a conclusion that rent was not paid and he further came to the conclusion that even after the knowledge of the proper address the tenant had deliberately remitted the rent at Sonabara address and held that the tender was not valid.

2. Inasmuch as one of the grounds taken in the Second Appeal before the High Court was the finding on this ground. The High Court discussed this aspect of the evidence and reversed the finding. The High Court was of the opinion that the finding that there was default in payment of rent from 29th November, 1977 to 10th April, 1978 was erroneous. The High Court noted that rent had been remitted for these months to Sonabarsa address. The High Court was in error in holding that there was valid tender when in spite of the knowledge that Sonabarsa address was not the address they remitted rent to that place. The High Court further went on to say that there was no evidence on record to show that the defendant knew the proper address. In view of the concurrent findings and in view of the letter of the Attorney on behalf of the landlord this is an erroneous conclusio