Rakesh Tiwari, J. - (1.) HEARD Counsels for the parties and perused the record. Briefly stated, the facts of the case are that the petitioners are the landlords of the premises No. 43/165, Chauk Dhobi Marg, Kanpur Nagar with their brother Sri Rajendra Kumar Agarwal. Respondent No. 3 -Sri Pramod Kumar Maheshwari, the tenant of a shop of 9' x 13' in the aforesaid premises on a monthly rent of Rs. 60/ - together with Rs. 8.40 as water tax and Rs. 2.40 as sever tax per month. He deposited a sum of Rs. 7000/ - on 9.5.1994 after first date of hearing and filed written statement on 30.1.1993.
(2.) IT is alleged by the petitioners that the respondent No. 3 paid a sum of Rs. 7000/ - only on 9.5.1994 towards the rent although he was occupying the shop since 1.1.1988 and, therefore, notice dated 24.5.1990 was sent for the recovery of rent and termination of tenancy. The aforesaid notice was replied by the respondent No. 3 through his Counsel on 30.5.1990 accepting the petitioner as landlord. Relevant paragraph 2 of the reply dated 30.5.1990 of respondent No. 3 is as under: - -
(3.) THUS , the petitioner accepted the money order dated 29.1.1988 for Rs. 1801/ - towards rent due against the tenant till 31.12.1987.;