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2006 Supreme(All) 881

S.U.KHAN
SUDHA AGARWAL – Appellant
Versus
VIth ADDITIONAL DISTRICT JUDGE, GHAZIABAD – Respondent


JUDGMENT

Hon’ble S.U. Khan, J.—This is landlady’s writ petition. Petitioner filed suit for eviction and for recovery of arrears of rent against tenant respondent No. 3 Narendra Kumar in the form of SCC Suit No. 26 of 1987. JSCC/ IIIrd Additional Civil Judge, Ghaziabad through judgment and decree dated 12.7.1989 decreed the suit for eviction and recovery of arrears of rent. Against the said judgment and decree tenant respondent No. 3 filed SCC Revision No. 96 of 1989. VIIth Additional District Judge, Ghaziabad through judgment and order dated 21.7. 91 allowed the revision, set-aside the judgment and decree passed by the trial Court and dismissed the suit hence this writ petition by the landlady.

2. Notice was served through refusal and Postman was also examined by the landlady. Carbon copy of the notice was proved by the landlady. The envelope containing the original notice, which had been refused by the tenant, was also filed. Revisional Court only and only on the ground that the envelope containing the original notice was not opened held that notice had not been proved. I have dealt with this point in detail in writ petition No. 3455 of 1980, Taqdirunnisa v. A.D.J., decided on 30.1.
















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