BIRENDRA KUMAR GHOSH Vs. SHIV NANDAN PRASAD GUPTA

JUDGEMENT

(1.) In spite of strenuous arguments of Mr Ranjit Kumar that there is no necessity on the part of the tenant to re-tender the amount, on the refusal of the landlord we find that this is a clear case of default because the tenant had deducted the money-order commission. In such a case, the amount sent by money-order would not represent the true rent. Accordingly, the appeal stands dismissed. No costs.

(2.) As regards time to vacate the premises, both the learned counsel are agreed to the following :