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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (civil) 5460 of 1999

PETITIONER:

OM PRAKASH GUPTA

Vs.

RESPONDENT:

RANBIR B. GOYAL

DATE OF JUDGMENT: 18/01/2002

BENCH:

R.C. Lahoti & Brijesh Kumar

JUDGMENT:

R.C. Lahoti, J.

The suit premises are described as booth no.13, Sector 8, Panchkula. These premises

were let out by the plaintiff-respondent to the defendant-appellant sometime in August, 198

9 on a monthly rent of Rs.2650/-, excluding electricity charges. Since then the defendant-a

ppellant has been running therein a shop of provision goods and general stores. He fell int

o arrears of rent and electricity charges with effect from 1st April, 1990. The plaintiff-r

espondent served on him a notice demanding payment of arrears and terminating his tenancy. O

n failure to comply with the notice a suit for eviction was filed in the Court of Civil Judg

e on 12.9.1990. The defendant-appellant contested the suit mainly on the ground of notice o

f ejectment being defective. The Trial Court, by its judgment dated 11th June, 1998, answer

ed all the issues in favour of the plaintiff-respondent and directed the suit for eviction a

nd reco