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1998 Supreme(All) 1346

J.C.GUPTA
ATMA RAM – Appellant
Versus
DISTRICT JUDGE, DEHRADUN – Respondent


Advocates Appeared:
A.D.Prabhakar

J. C. GUPTA, J.

( 1 ) THIS is tenants writ petition for issuing a writ of certiorari quashing the orders dated 25. 9. 1981 and 16. 9. 1980 passed by respondent Nos. 1 and 2 respectively.

( 2 ) THE predecessor of respondent Nos. 3 to 11 filed suit for eviction of the petitioner in the Court of Judge. Small Causes, Dehradun-respondent No. 2 on the ground of default in payment of arrears of rent alleging that rent from 1. 8. 1969 to 31. 1. 1972 amounting to Rs. 210 remained unpaid despite service of notice of demand on the petitioner. The tenancy of the petitioner was also terminated by the same notice. The defence of the petitioner was lhat he has been paying rent to the plaintiff regularly and after the receipt of notice the entire arrears of rent were tendered on three different occasions in the presence of three different witnesses but the landlord refused to accept the same. Ultimately a sum of Rs. 224 (rent for 32 months) was sent on 4. 4. 1972 through money order but the same was also not accepted by the plaintiff. Thereafter the tenant remitted again a sum of Rs. 231 through another money order but that too was received back on refusal by the landlord. It was further alleged t



































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