Rajapaksa v. Guruswamy – sllr 1998 volume 3 page 346

In the case between Rajapaksa (Plaintiff) and Guruswamy (Defendant), the court addressed the issue of whether the defendant-tenant’s remittance of arrears via telegraphic money order fulfilled the statutory requirement under the Rent Act for “tender” of arrears before the fixed appearance date. The court held that dispatching the money order did not constitute valid tender in the absence of express authority by the landlord for the post office to act as agent, and actual receipt by the landlord before the deadline was required. This decision reaffirmed the principle that tender of payment under tenancy statutes must be effected in strict compliance with statutory provisions, with reliance upon statutory interpretation and established case law. It was emphasized that mere mailing of payment