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2013 Supreme(All) 79

PANKAJ MITHAL
VANDANA GULATI – Appellant
Versus
GURMEET SINGH @ MANGAL SINGH – Respondent


Advocates:
Counsel :
Kauslendra Singh Chauhan and B.N. Agrawal for the Petitioner; Atul Dayal for the Respondent.

JUDGMENT

Hon’ble Pankaj Mithal, J.—The Small Causes Court Suit of the landlord in respect of house No. 18/182A, Kursawan, Kanpur Nagar, on the strength of the notice of demand and determination of tenancy dated 2.2.2007 has been decreed by the Court below vide judgment and order dated 6.8.2012.

2. The tenant has challenged the aforesaid judgment and order in this revision on a very limited point that the notice determining tenancy was not sent to her at her residential address and therefore, no presumption of its service would arise so as to legally determine her tenancy.

3. I have heard Sri B.N. Agarwal, learned counsel for the tenant revisionist and Sri Atul Dayal, learned counsel appearing for the respondent landlord, who agreed for the final disposal of the revision at the stage of admission itself.

The Court below under point for determination No. 2 held that the tenant was sent a notice under Section 106 of the Transfer of Property Act, 1882 (hereinafter referred to as the Act) determining his tenancy which is a valid notice deemed to be duly served upon her.

4. The submission of Sri B.N. Agarwal, in this regard is twofold that the notice was not sent at the residential addres

































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