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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 6799 of 2003

PETITIONER:

RAFIQUE BIBI (D) BY LRS.

RESPONDENT:

SYED WALIUDDIN (D) BY LRS. AND ORS.

DATE OF JUDGMENT: 28/08/2003

BENCH:

R.C. LAHOTI & ASHOK BHAN

JUDGMENT:

JUDGMENT

2003 Supp(3) SCR 100

The Judgment of the Court was delivered by R.C. LAHOTI, J. Leave granted.

The suit property is situated in the city of Ajmer. In the year 1956, a

suit was filed by the respondents-landlords alleging the appellants to be

their tenants in the suit premises. According to the respondents, the

appellants had defaulted in payment of rent for a period running over three

years since 29.11.1952. A demand-cum-quit notice was served on the

appellants, which having not been complied with, rendered the appellants

liable to be evicted under clause (a) of sub-section (1) of Section 13 of

the Delhi and Ajmer Rent Control Act, 1952. The suit was decreed by the

High Court holding the landlord-tenant relationship as proved and the

appellants having incurred liability for eviction on the ground of default

in payment of rent as alleged by the respondents.

When the decree was put to execution, the judgment debtors-appellants