Tender of rent to the counsel of the landlady is a valid tender.

( 1 ) HEARD the learned counsel for the parties and perused the record.

( 2 ) BY means of this petition under Article 226 of the Constitution of India, the petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the judgment and order dated 20. 1. 1981 whereby the trial court had dismissed the suit filed by the petitioner and order dated 30. 7. 1983 whereby the revisional court had dismissed the revision.

( 3 ) THE facts of the case in brief are that the petitioner who is admittedly the landlady of the building in question sent a notice dated 7. 6. 1979 to the respondent No. 3 through her counsel shri Fasahat Husain, Advocate demanding the arrears of rent from March, 1978 to May, 1979 and also terminating his tenancy. On receipt of notice, the respondent No. 3 gave reply to the petitioner controverting the facts stated in the notice and stating that the amount of rent in question was remitted by money order to the counsel of the petitioner, named above. It was staled that there was no question of default as the tender of the amount of arrears of rent to his counsel was a valid tender. The petitioner thereafter filed S. C. C. Suit No. 3 of 1980 for ejectment of the respondent No. 3 from the building in question and for recovery of arrears of rent in the court of Judge, Small Causes. Hardoi. The respondent No. 3 on receipt of the summons filed his written statement denying the facts stated in the plaint and pleading that he was not a defaulter, as on refusal by the learned counsel for the plaintiff to accept the amount, he deposited the rent under Section 30 of U. P. Act No. 13 of 1972. Parties produced evidence, for and against. In the trial court. After going through the evidence on the record, it was held that the respondent No. 3 was not a defaulter and that notice of termination of tenancy was invalid. After recording the said findings, the suit was dismissed by Judgment and decree dated 20. 1. 1981. Aggrieved by the judgment and decree passed by the trial court, the petitioner filed a revision under Section 25 of the Provincial Small Cause Courts Act. The revision filed by the petitioner also met the same fate and was dismissed on 30. 7. 1983 and findings recorded by the trial court were affirmed.

( 4 ) THE learned counsel appearing for the petitioner vehemently urged that the tender of amount of rent to the counsel for the petitioner was not a valid tender. The view taken to the contrary by the Courts below is totally erroneous and illegal. It was urged that in the notice, it was specifically indicated that the amount of arrears of rent was to be paid to the landlady, therefore, there was no justification for the respondent No. 3 to remit the amount of rent to the counsel of the petitioner. The learned counsel for the petitioner further urged that the tenancy of respondent no. 3 having been terminated in accordance with !aw, the suit filed by the respondent No. 3 was liable to be dismissed. On the other hand learned counsel for the contesting respondent submits that the tender of the amount of arrears of rent to the counsel of the petitioner was a valid tender. The amount having been tendered within the statutory lime the respondent No. 3 cannot be said to be a defaulter. It was urged that Courts below have rightly dismissed the suit and the revision filed by the petitioner, that the findings recorded by the Courts below are based on relevant evidence on the record and call for no interference by this Honble Court in exercise of its power under Article 226 of the Constitution of India and that the writ petition was liable to be dismissed.

( 5 ) I have anxiously considered the submissions made by the learned counsel for the parties.

( 6 ) THE only question which requires consideration in the present case is as to whether the tender of the amount of rent to the counsel of the petitioner was a valid lender. Both the Courts below held that it was a valid tender and resp