T.U.MEHTA - (1.)In this revision application the only point which at present survives for consideration is whether the petitioner-tenant is liable to be evicted on the ground of non-payment of arrears of rent in form of education cess of Rs. 4.55 due for the period from 1-4-65 to 31-3-66. The opponents Nos. 1 and 2 have claimed eviction on this ground in Civil Suit No. 500/66 filed in the court of Civil Judge Junior Division at Baroda. The learned trial Judge dismissed the suit but in appeal which was Civil Appeal No. 246/68 the learned Assistant Judge has decreed the plaintiffs suit on the ground that the education cess of Rs. 4.55 was payable by the tenant as rent and since he failed to make that payment within one months after the receipt of the notice making the demand the case is covered by clause (a) of sec. 12(3) of the Rent Act and therefore the tenant has rendered himself liable to be evicted.
(2.)The facts of the case show that the notice making the demand of rent in arrears as found at Ex. 25 was given by the opponents Nos. 1 and 2 on 6.1.66. By this notice they made the following claim: Rs. 160.00 Arrears of rent from 3-5-65 to 2-1-66. Rs. 8.00 For water and drainage charges. Rs. 10.00 Water charges from 3-7-64 to 2-5-65. Rs. 5.00 For rent for meter from 3-7-64 to 2-5-65. Rs. 45.00 Charges for electric consumption from 3.7 to the date of the notice i.e. 6.1 Rs. 4.55 education cess from 1.4.65 to 31-3-66 ------ Rs. 236.55 Total. It is apparent that out of the demand thus made only the amount of Rs. 160/represented the rent due. Both the lower courts have found as a matter of fact that out of the total demand of Rs. 236.55 only Rs. 191 55 which included the education cess of Rs. 4.55 was payable by the tenant to the landlord.
(3.)Now this notice making demand of the above amount was received by the tenant on 8.1.66. It is an admitted position that before the expiry of one month from the date of receipt of this notice the tenant made the money order of Rs. 187/to the landlord but the landlord refused to accept the same. This tender of the amount of Rs. 187/by money order thus fell short of the amount of Rs. 191.55 as found payable only by Rs. 4.55 which amount represents the demand for education cess for the period from 1-4-65 to 31-3-66.
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