1 sent a numberice dated September 29, 1986 to the appellant to pay the arrears of rents from November 1,1982 to the respondents.
The said cheque was returned to the appellant as being number acceptable.
This appeal by special leave arises form the judgment of the Bombay High Court, made on July 17, 1996 in writ petition No.
After the demise of his brother, the appellant became the tenant and paid the rent to the landlords.
Subsequently, he was in the dark as to whom the rent was to be paid.
The admitted facts are that one Jagmohandas was the original lenant and the appellant is his brother.
The appellant acted upon the letter and sent to the aforesaid two persons on may 6, 1981 the rents payable from November 1, 1980 to April 30, 1980.
The appellant on receipt thereof has sent on October 15, 1986 the rent in the form of a cheque for Rs.
For the first time, Shri N.G. Gaikwad, Advocate, Nasik on instructions of respondent No.
It would appear that the landlords earlier to their letter dated march 10, 1981 had entered into an agreement with the respondent on September 27, 1980 and pursuant thereto, to the sale deed came to be executed and registered on July 10 , 1984 in favour of the respondents but numberattornment was made.
The defence taken by the appellant is that he paid the rent within 30 days form the dated of the receipt of the numberice demanding the payment of rent and, therefore, he was number in default.
The landlords were Jayabai G. Ashar, Bachubhai alias Brijkuvar Bhagwandas, Krishnakuamar alias Krishnadas Bhagwandas and Harikrishna c. Shantabai alias Malabai.
1814 of 1996.
On March 10, 1981, the landlords wrote a letter directing the appellant to pay rent jointly to one Shivajibhai Patel and one Ratilal Patel w.e.f November 1, 1980.
