JUDGMENT :- This plaintiff's Second Civil Appeal is directed against the judgment and decree of II Additional Civil Judge, Agra. The appellants are the legal representatives of the plaintiff Padam Chand Garg. They had filed the suit for arrears of rent and ejectment. The relief of ejectment was claimed on the basis of default. It is not disputed that a composite notice of demand and determination was served on the defendant-respondent on 13-7-67. The defendant-respondent remitted the arrears on 10-8-1963. From the record it appears that 11th and 12th of August, 1963 were postal holidays and when the money order was offered after 14th August, 1968, it was refused by the landlord. The suit out of which this appeal arises was then filed by Sri Padam Chand Garg.

2. The defendant-respondent contested the suit and contended that no default was committed. The trial Court decreed the plaintiff's suit. The lower appellate Court allowed the appeal holding that the money having been despatched within 30 days, the defendant could not be a defaulter. The plaintiff thereupon came to this Court in Second Appeal. Second Appeal was heard on 17th of March, 1971 and was allowed. It was subsequently le

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