S.N.PHUKAN, S.S.M.QUADRI
Rajinder Prasad – Appellant
Versus
Darshana Devi – Respondent
ORDER
Leave is granted.
2. This is tenant s appeal, by Special Leave, against the judgment and order dated 2-8-1999 of the High Court of Judicature at New Delhi dismissing Second Appeal No. 41 of 1998 filed by the appellants-tenants and confirming the order of eviction from the suit premises passed against him in landlady s eviction case.
3. In this order the parties will be referred to as the tenant and the landlady. The case of the landlady is that the tenant did not pay the rent of the suit premises from 1-7-85 in spite of service of notice of demand Exhibit AW1/6 dated 5-8-86 and committed three consecutive defaults in payment of rent. The tenant contested the case. He denied service of demand notice. The Rent Controller, Delhi, on the basis of the evidence on record found that the tenant refused to receive notice and there was default in payment of rent and, therefore, ordered eviction of the tenant from the suit premises on 1-7-1996. The tenant s appeal presented to the Rent Control Tribunal, was dismissed. He then carried the case in Second Appeal before the High Court which was also dismissed by the judgment and order under challenge in this appeal.
4. The only point urged albe
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