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2001 Supreme(Del) 224

VIKRAMAJIT SEN
PUSHPA SONI – Appellant
Versus
SARBATIDEVI – Respondent


Advocates Appeared:
ANAND MAHESHVARI, Ramesh Sharma

Vikramajit Sen

( 1 ) IN this petition under Article 227 of the Constitution of india, the tenant/petitioner has assailed the order of the Additional Rent Controller dismissing her review petition filed under Section 25b (9) of the Delhi Rent Control act (DRC Act ). The brief facts of the case are that the respondent/landlady had filed a petition for the eviction of the tenant under Section 14 (1) (e) read with Section 25b of the DRC Act. Notice/summons were ordered on 9. 7. 1999 returnable on 9. 8. 1999. The tenants were not served either by the ordinary process or by registered post acknowledgment due. The order was repeated on the next date of hearing and service was ordered returnable on 1. 9. 1999. But again the tenants were not served, the reports were to the effect that Shri Anil Soni was out of station; Shri Kishore Soni did not reside at the premises; and Smt. Pushpa Soni had gone outof Delhi. In this sequence, an application dated 31/08/1999 had been filed by the landlady under Order V Rule 19a/20 of the Code of Civil Procedure, in paragraph 4 of this application it is stated that "there are contradictory reports on the summons, which clearly show that the respondent in the

















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