SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1980 Supreme(All) 579

K.M.DAYAL
Om Prakash – Appellant
Versus
Narendra Prakash Rastogi – Respondent


Advocates Appeared:
For the Appellant : N. Lal and P. Srivastava
For the Respondent: H.C. Rastogi.

JUDGMENT :

K.M. Dayal, J.

The present appeal raises a very short question. The admitted facts of the case are that Om Prakash and Ram Prakash, the original Appellants jointly took the disputed shop from the Plaintiff-Respondent. The Plaintiff served a notice of demand and ejectment on the Defendants on 27-11-1968. By that notice rent for a period of 6 months was demanded as due. The Defendants, in their turn remitted Rs. 70/- by money order on 20-12-1968. That money order was refused by the Plaintiff on 31-12-1968. The courts below had decreed the suit for ejectment on the ground that there was a default. They relied upon an earlier Division Bench case in which it was held that the Post Office while delivering the money order was the Agent of the tenant. Even if the money order was sent within a period of 30 days but it was tendered after the expiry of the aforesaid period, there was a default. That matter was subsequently decided by a Full Bench reported in Bhikha Lal v. Munna Lal 1974 ALJ 470. It was held in that case that if the tenant had remitted the money within the period of 30 days there was no default, even if the money order tendered after the expiry of the period. In view



Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top