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1980 Supreme(Del) 165

HARISH CHANDRA
OM PRAKASH – Appellant
Versus
BRIJ NATH SHARMA – Respondent


Advocates Appeared:
H.L.Kapur, S.P.Manga

Harish Chandra

( 1 ) SHRI Brij Nath Sharma, respondent, filed a petition for the eviction of the petitioner on the ground contained in clause (e) of Section 14 (1) of the Delhi Rent Control Act, 1958. The petitioner, though permanently residing in the premises in dispute at Shahdara Delhi had been posted for work at Agra and, therefore, the respondent gave two addresses of the petitioner in the eviction petition itself, i. e. , the address at Delhi as well as the address at Agra.

( 2 ) ON 20th May, 1977 the learned Additional Rent Controller ordered issue of summons under Schedule III of the Act, turnableonl2thjuly, 1977. The summons were issued on 23rd May 1977.

( 3 ) FROM the record it appears that whereas summons were taken through the process server at Delhi, the same were sent by registered post at Agra. The summons were not sent through the process-server at Agra and through registered post at Delhi.

( 4 ) ON 31st May, 1977 when the process server called at the residence of the petitioner, the petitioner was not present and the summons were delivered to his son. Raj Kumar. As regards the registered cover sent to Agra, it came back undelivered with an endorsement dated 1st June





















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