ALLAHABAD HIGH COURT
P. Sharma, J
Israr Ahmad v. Sant Ra
| Table of Content |
|---|
| 1. overview of the tenancy situation and the legal foundation (Para 1 , 2 , 3) |
| 2. arguments regarding compliance with demand and subsequent actions (Para 4 , 5) |
| 3. court's observations on waiver and the interpretation of statutory provisions (Para 6 , 7 , 8 , 9) |
| 4. decision on annulment of earlier notices due to lawful deposits (Para 10) |
| 5. final judgment and conclusion of the court's ruling (Para 11) |
1. This is a defendants - tenants appeal from the judgment and decree of the learned Civil Judge of Saharanpur evicting them from a house and for recovery from them the arrears of rent and damages. Admittedly, the defendants - appellants are the tenants of the plaintiff - respondent in a house situate in the city of Saharanpur on a monthly rental of Rs. 5/-. The defendant did not pay any rent after September, 1965. The landlord sent a notice dated 23-6-1967 served on the tenants on 24-6-1967 demanding the arrears of rent from September, 1965 up - to - date. The tenants sent the rent due by a money order but deducted from it a small sum as money order commission. The landlord refused to accept the money order as the amount tendered was not sufficient to satisfy the arrears o
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