not honoured. Thereafter, a registered notice was sent on 12.1.2009 and since the first counter petitioner was absent, his authorised representative accepted the notice and the first counter petitioner, through his lawyer, sent a reply on 28.1.2009 and tendered a cheque for Rs.11,770/- representing the rent due for three months from November, 2008 to January, 2009. A rejoinder was sent by the landlord. It is averred in para 6 that by the time the first counter petitioner (second respondent herein) obtained an assignment abroad with high prospects and left India. His attempt was to sublet the building to others. When the landlord initiated steps to get the building evicted, the first counter petitioner got the matter mediated and finally informed that he is about to stop the business in an year and undertook to surrender vacant possession within an year and continued to pay rent at the rate of Rs.5,885/- which includes service tax also. The rent was paid upto July, 2009 and thereafter it was defaulted. Again, a lawyer notice was sent by the landlord on 27.1.2010. Even though the notice was accepted, arrears were not paid. It is in those circumstances, the landlord approached the Rent Control Court seeking eviction on various grounds.
