Sibghat Ullah Khan, J. - (1.) LIST revised. No one is present for the respondent. Heard Sri S.K. Kakkar learned Counsel who has filed vakalatnama on behalf of petitioners today.
(2.) THIS is tenant's writ petition arising out of suit for eviction on the ground of default and for recovery of arrears of rent initiated by original landlord respondent No. 3 Dr. Onkar Dev Sharma (since deceased and survived by legal -representatives) in the form of S.C.C. Suit No. 151 of 1978 on the file of J.S.C.C., Agra against original tenant -petitioner Vidya Ram (since deceased and survived by legal representatives). Property in dispute is a shop situate in Agra. Admitted rate of rent is Rs. 35/ - per month.
(3.) NOTICE terminating the tenancy and demanding the rent was sent by the landlord to the tenant on 3.12.1977 and was served upon the tenant on 5.12.1977. In the notice rent with effect from 1.9.1976 was demanded. Tenant remitted the rent from 1.9.1976 till 31.12.1977 through money order sent on 7.1.1978. Admittedly, the said money order was refused by the landlord. Before the Courts below, learned Counsel for the landlord stated that as money order has been sent after more than one month from receipt of notice and as water tax had not been included in the amount sent through the money order hence landlord was justified in refusing to accept the same. The J.S.C.C., Agra accepted the argument of learned Counsel for the landlord and held that as money order was sent two days after the expiry of period of one month from receipt of notice hence it was not a valid tender. The Trial Court therefore held that tenant was defaulter and suit for eviction and for recovery of arrears of rent was decreed through judgment and decree dated 15.4.1984. Against the said judgment and decree tenant petitioner filed S.C.C. Revision No. 34 of 1987. IIIrd Additional District Judge, Agra agreed with the Trial Court and dismissed the revision on 26.8.1987, hence this writ petition.;