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