RAM KISHORE Vs. KUMKUM RANI

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) THE petitioner-tenant took the shop, in dispute, in 1963 on a monthly rent of Rs. 70/ -. Laxmi Narain- landlord died and thereafter his son Mahesh Chandra became landlord and rent was being paid to him.

(3.) A notice dated 19-11-1985 was sent by the landlord through Sri S. N. Sharma, Advocate demanding rent from December, 1983 which is alleged to have been remitted by him through money order dated 26-11-1985 by the petitioner who also replied to the notice of the landlord dated 19-11-1985 stating therein that rent was also tendered to the landlord which was refused and hence was deposited in Court in Misc. case No. 107 of 1984, which he may withdraw. It is stated that the landlord refused to accept money order sent on 26-11-1985 towards rent, hence the rent was tendered to Sri S. N. Sharma, Counsel for the landlord on 4-12- 1985 but he too refused to accept the same on behalf of the landlord. The petitioner remitted the rent for the months of October, November and December, 1985 again on 20-12- 1985 to Sri S. N. Sharma, Advocate for the landlord, who again refused to accept the same.