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1997 Supreme(SC) 692

K.RAMASWAMY, D.P.WADHWA
Mahendra Raghunathdas Gupta – Appellant
Versus
Vishvanath Bhikaji Mogul – Respondent


ORDER

This appeal by special leave arises from the judgment of the Bombay High Court, made on July 17, 1996 in Writ Petition No. 1814 of 1996.

2. The admitted facts are that one Jagmohandas was the original tenant and the appellant is his brother. The landlords were Jayabai G. Ashar, Bachubhai alias Brijkuvar Bhagwandas, Krishnakumar alias Krishnadas Bhagwandas and Harikrishna C. Shantabai alias Malabai. After the demise of his brother, the appellant became the tenant and paid the rent to the landlords. On March 10, 1981, the landlords wrote a letter directing the appellant to pay rent jointly to one Shivajibhai Patel and one Ratilal Patel w.e.f. November 1, 1980. The appellant acted upon the letter and sent to the aforesaid two persons on May 6, 1981 the rents payable from November 1, 1980 to April 30, 1980. The said cheque was returned to the appellant as being not acceptable. Subsequently, he was in the dark as to whom the rent was to be paid. It would appear that the landlords earlier to their letter dated March 10, 1981, had entered into an agreement with the respondent on September 27, 1980 and pursuant thereto, the sale deed came to be executed and registered on July 10, 1984














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