Honble MUKHRJEE, J. — 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 counsel are agreed to the following : (i) The landlord will not levy execution for recovery of possession untill 30.6.1994; (ii) This shall be subject to the conditions that the tenant files usual undertaking within four weeks to deliver vacant possession on or before 30.6.1994.