B.N.CHATURVEDI
CRACK DETECTIVES PVT. LTD. – Appellant
Versus
P. S. MALHOTRA – Respondent
( 1 ) 1. Admit.
( 2 ) FOLLOWING substantial question of law is formulated for decision of the appeal: whether documents Ex. PW-1/3 and/or Ex. PW-1/5 answer the description of a notice contemplated under Section 8 of the Rent Act, to effect increase in rent?
( 3 ) THE appellant, M/s. Crack Detectives Private Limited, is in appeal against an order dated 4. 4. 2005 of learned Additional District Judge setting aside the judgment/order dated 13. 8. 2003 passed by the Court of learned Civil judge, and remanding the case with a direction to decide the suit on merits.
( 4 ) THE respondent filed a suit for possession, recovery of arrears of rent and mesne profits in respect of property No. 17,18/23/b-2 Market, Safdarjung enclave, New Delhi, against the appellant.
( 5 ) THE appellant was a tenant under the respondent on the first floor of the aforesaid premises at a monthly rent of Rs. 3,500/-, excluding electricity and water charges since 1st of April, 1988. According to the respondent, he had an agreement with the appellant that the rent of the premises would be enhanced by 20% with effect from 1st of April, 1991. Besides, it was also agreed upon that there would be an
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