SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2019 Supreme(All) 661

MANOJ KUMAR GUPTA
Sanju Dubey – Appellant
Versus
Khasgi Devi Ahilya Bai Holker Charities Thru' Raja Singh – Respondent


Advocates Appeared:
For the Appellant : P.N. Srivastava,Suresh Srivastava.
For the Respondent: Ajay Kumar Singh, Ashish Kumar Singh, Prakash Padia, Rahul Sahai, S.C.

JUDGMENT :

Manoj Kumar Gupta, J.

The instant petition seeks to challenge the order dated 16.4.2015 passed by Court of Small Causes in Misc. Case No.96 of 2013 rejecting the application of the petitioner under Order 9 Rule 13 CPC and the order dated 19.8.2015 passed by Additional District Judge, Court No.14, Varanasi in Rent Revision No.12 of 2015 dismissing the same.

2. The petitioner was tenant of a residential premises on first floor of building No.D-18/16 Mohallah Ahilyabai Brahmapuri, Varanasi on behalf of plaintiff-respondent (for short 'the landlord'/'plaintiff-landlord') on payment of a rent of Rs.200/- per month. A suit bearing No.61 of 2010 was instituted by the landlord in the Court of Small Causes against the petitioner for recovery of arrears of rent and for eviction after terminating the tenancy by notice dated 6.9.2010. The service of summons was effected by normal mode through the process server as well as by registered post. The summons as well as the registered cover were received back with the endorsement of refusal. The trial court, by order dated 3.8.2011, held service of summons to be sufficient on basis of endorsement of refusal made by Postman on the registered






































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top