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2000 DIGILAW 1279 (SC)

Kandaswamy Sundaram v. Kusumandra (Dead) by LRs.

2000-08-01

N.SANTOSH HEGDE, S.P.BHARUCHA, SYED SHAH MOHAMMED QUADRI

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JUDGMENT : 1. We have heard learned counsel and find no merit in the appeal. We cannot accept the submission of learned counsel that the landlord waived his right to take action to evict the tenant by accepting delivery of a demand draft for the amount of the arrears when it is an admitted position that that demand draft was not encashed over a very long period of time. 2. The appeal is dismissed. 3. Having regard to the very fair statement made by learned counsel for the respondents, the appellant is given six months' time to vacate the premises in appeal provided he furnishes, on affidavit, an undertaking to so quit within four weeks and pays the rent from month to month. 4. No order as to costs.