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1988 Supreme(Del) 96

SUNANDA BHANDARE
PREM CHANDER JAIN – Appellant
Versus
JAGAT PARKASH GUPTA – Respondent


Advocates Appeared:
S.K.TIWARI, Y.K.Jain

Sananda Bhandare, J.

( 1 ) THE respondent-Jagat Prakash Gupta is a tenant under the appellant in respect of a portion of second floor flat forming part of house no. XI/4239-A/3 (Plot No. 3-A), Shri Raj Krishan Jain Street, I, Ansari Road, Daryaganj, Delhi at a monthly rent of Rs. 250. 00 besides electricity charges. The appellant herein sought eviction of the respondent on the ground of non-payment of rent under Section 14 (l) (a)of the Delhi Rent Control Act. The case of the appellant is that the respondent failed to pay the arrears of rent w. e. f 1st August 1973 despite service of notice of demand dated 4th February 1974. The contractual tenancy of the respondent was determined earlier vide notice to quit. The eviction petition was contested by the respondent who asserted that he had been tendering the rent to the appellant regularly but the appellant refused to accept the same. The respondent also denied having received the notice of demand from the appellant.

( 2 ) THE Additional Rent Controller, Delhi vide order dated 14th February 1975 held that there was valid notice of demand sent by the appellant vide notice Ext. A7 which was sent by the appellant Under Certificate of Pos








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