NOTICE: NOTICE TO QUIT BY LANDLORD TO TENANT, NOTICE UNDER

SECTION 80 OF CPC

Introduction
All forms of formal communication have a pre-planned arrangement which every
person who indulges in it, has to follow. This pre-planned arrangement is known as a
format. Legal Notice is one such type of formal communication which has its own
format which details how and what information needs to be provided in the notice.

It is necessary for a person to stick to the format of legal notice while drafting it. A
well-drafted legal notice helps a person to avail the quickest remedy.

Legal notice meaning

A legal notice is a formal written communication between the parties. Through a
legal notice, the sender notifies the recipient about his intention of undertaking legal
proceedings against the latter. A legal notice also helps in making the receiving party
aware of the grievances of the sender.

It works as a last warning to the receiver to fulfil a certain condition if he does not
want a court battle.

Pre-legal notice meaning

Pre-legal notice means ‘before being legal’, this notice is sent to the parties before
sending them the legal notice. It is a kind of personal communication between
parties. While a legal notice warns of a litigation, a pre-legal notice acts as a warning
before legal notice.

Content of legal notice

The aggrieved person/ group of persons can draft the notice on their own but it is a
wise option to get it drafted by an experienced Legal practitioner. A well-drafted
Legal Notice is made on the letter-head of the Advocate having his address and
contact details and must also contain the following information-

Example: A person ‘X’ took goods on credit from ‘Y’ on 4th May 2020, during the
ordinary course of business on the pretext of paying for it after 3 months. Now, if ‘X’
fails to make the payment for the goods after expiry of 3 months, ‘Y’ can send a
Legal Notice for recovery of money.

Following things will form the content of Legal Notice:

The title of legal notice

The title must be short, and informative, which can give a glimpse of the matter
which is discussed in the notice, moreover, the perfect address should be mentioned
so that the notice reaches the correct destination and to the correct person.
Matter and facts
This part mentions the cause of the concerned notice. The acts which have
intentionally or unintentionally created a problem for the sender should be precisely
stated. If there are any previous communications related to the matter that must also
be referred. No vital information related to the matter should be left out.

Sender’s demand and requirements

The demand of the sender of the notice needs to be carefully drafted and mentioned
in the notice. The sender can either ask for specific performance or monetary
compensation for the grievance and mental harassment that he had to suffer due to
the conduct of the other person.

Result and consequences

The result of not complying with the conditions of the Legal Notice is to be mentioned
in the notice itself. The consequences will act as intimidation for the addressee to
take necessary action in the stipulated time. The addressee should be given a
reasonable time, say 20 or 30 days to settle the matter by either negotiation or
otherwise.

Types Of legal notice

Tenant eviction notice

In India, the rights of tenants are given in the Rent Control Act,1948. When land is
leased to a tenant, a Rent Agreement is signed between the tenant and the landlord.

Even though tenants are provided with rights which protects them against forced or
unlawful eviction, there are certain grounds on which the landlord can file an eviction
suit. Before filing an eviction suit, first the landlord has to send a legal notice to the
tenant.

The legal notice will contain:

● The number of days within which the tenant has to vacate the property, and
● The time and date on which the property should be vacated, and
● The reason for eviction.

Section 80 of Civil Procedure Code, 1908

A legal notice is filed only in civil cases. In criminal cases, it is the government which
brings action against the wrongdoer. However, when a suit is filed against the
government or a public officer giving a legal notice is mandatory under Section 80 of
Civil Procedure Code.
Section 80 of the code details two things.

● Who should be served with the notice?

● What should the notice contain?

Who should be served with the notice?

It is stated in the section that,

● If the suit is filed against the Central Government or State Government, then
the secretary to that government or collector of the district should be served
with the notice;
● If the suit is filed against railway, then the General Manager will be served
with the notice;
● If the suit is filed against Government of Jammu and Kashmir, the Chief
Secretary to the government or any other authorized person will be served
with the notice;
● If the suit is to be filed against a public officer, then the notice should be
delivered to him or left at his office.
● The Government or the officer who is served with the notice are provided with
a timeframe of 2 months to resolve the issue. In case they fail to do so, a
formal legal proceeding can be initiated against them.

This mandatory requirement is made to discourage frivolous lawsuits against the

government.

What should the notice contain?

Section 80 also states what essential information must be there in the notice. This
information includes,

● The Name, Description, Residence of the person sending the notice;

● The cause of action for filing the notice;
● The relief/compensation claimed by the plaintiff.

Filing a legal notice

A legal notice can be filed and drafted by the person himself or he can avail the
services of a lawyer. If a person avails services of a lawyer for drafting the notice,
then the notice should be typed on the lawyer’s letterhead.

A legal notice should contain all the material facts of the case. It should have the
recipient’s name and address. The legal notice can be sent by the person himself or
his lawyer. In the legal notice, the cause of action for filing the suit must be
mentioned. It should also state all previous communications regarding the cause of
action.

The aggrieved party should give a reasonable time to the recipient to settle the
matter. The matter can be resolved by:

● Addressing the grievances of the aggrieved party, or

● Negotiating on the matter, or
● Performance of the desired action by the recipient.
The notice is sent through the Registered Advocate’s post. A copy of the notice is
kept by the sender or by his lawyer.

Conclusion
To conclude, we can say that A legal notice is an important way of communication
between the parties. A well drafted legal notice can make the parties resolve their
disputes without indulging in the hassle of a formal legal proceeding and thus can
save time and costs.