It is an admitted position that the petitioner had sent money orders towards the rent for October and November, 1975, but the landlord refused to accept the money orders. In other words, if it is held that the landlords have deemed to have accepted rent for October and November, 1975 sent by money orders, in that case there would be no cause of action to either issue suit notice or to maintain the suit against the petitioner on the ground of default. This legal position has been considered by this Court in the decision in the case of Suka Ishram v. Ranchhoddas, . The view taken in the said decision has been followed recently by this Court in Writ Petition No. 3227 of 1987 Madhukar Govind Vaidya v. Narayan Harishchandra Surve decided on June 8, 2000.
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Bombay High Court
Smt. Kamalabai Baburao Kabade vs Smt. Laxmibai Janardan Jagtap And ... on 16 June, 2000
Equivalent citations: AIR 2000 Bom 490, 2001 (1) BomCR 148, 2001 (2) MhLj 905
Bench: A Khanwilkar
