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1959 Supreme(All) 166

S.S.DHAVAN
SUNDER LAL – Appellant
Versus
RAM KRISHAN – Respondent


Advocates Appeared:
K.C.SAXENA, SHANTI BHUSHAN

S. S. DHAVAN, J.


( 1 ) THIS is an appeal against a decree for ejectment and arrears of rent. The appellant Sunder Lal was the tenant of a house in Farrukhabad. He fell into arrears of rent and the landlord sent him a notice demanding Rs. 175/-as rent. He disputed this amount and replied that only Rs. 135/- was due from him as the landlord owed him a sum of Rs. 40/- as costs awarded in some suit. He stated in his reply that he was remitting Rs. 135/- in full settlement after adjusting the sum of Rs. 40/ -. His letter made it clear that after this payment the rent would be deemed to be fully paid. The same statement was made in the coupon attached to the money order. The landlord accepted the money order for Rs. 135/-, and sent a further notice denying the appellants right to adjust Rs. 40/- and demanded the balance of the rent which by that time had increased to Rs. 55/ -. He also asked the appellant to vacate the house within one month and warned him that he would take legal proceedings if he did not do so. The appellant appears to have ignored this notice and on 31-7-1956 the landlord sent a second notice which was identically worded, except that the rent demanded was Rs. 50/ -. O












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