Selvarajan v. Vigendra Andwife Shyamala – sllr 1996 volume 2 page 224

In the case between Selvarajan and Vigendra’s Wife (as Plaintiffs/Landlord) and the tenant (and subsequently the tenant’s widow, as Defendant/Appellant), the court addressed whether the deposit of rent arrears in court, as opposed to a direct tender to the landlord, satisfies section 22(3)(c) of the Rent Act, and whether the defense of supervening impossibility (lex non cogit ad impossibilia) applied given the Plaintiffs’ residence abroad. It was held that deposit in court does not constitute a valid tender under the Act, as previous accepted payment modes—such as crediting the landlord’s bank account or paying the landlord’s attorney—remained available. The defense of impossibility was rejected due to evidence of these accessible payment methods. The principle reaffirmed is that statutory