- (1.) In spite of strenuous arguments of Mr Ranjit Kumar that there is no necessity on the part of the tenant to re-tender the amount, on the refusal of the landlord we find that this is a clear case of default because the tenant had deducted the money-order commission. In such a case, the amount sent by money-order would not represent the true rent. Accordingly, the appeal stands dismissed. No costs.
(2.) As regards time to vacate the premises, both the learned counsel are agreed to the following : (I) The landlord will not levy execution for recovery of possession until 30/6/1994; (Ii) This shall be subject to the condition that the tenant files usual undertaking within four weeks to deliver vacant possession on or before 30/6/1994.;