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2001 (8) TMI 1418 - SUPREME COURT OF INDIA

2001 (8) TMI 1418 - SUPREME COURT OF INDIA - 2001 AIR 3207, 2001 (1) Suppl. SCR 442, 2001 (7) SCC 69, 2001 (6) JT 400, 2001 (5) SCALE 203 - Appeal (Civil) 5300 of 2001 - Dated:- 10-8-2001 - Syed Shah Quadri And S. N. Phukan, JJ. JUDGMENT Leave is granted. This is tenant's appeal, by Special Leave, against the judgment and order dated 2.8.1999 of the High Court of Judicature at New Delhi dismissing Second Appeal No. 41 of 1998 filed by the appellants-tenants and confirming the order of evicti .....

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idence on record found that the tenant refused to receive notice and there was default in payment of rent and, therefore, ordered eviction of the tenant from the suit premises on 1.7.1996. The tenant's appeal presented to the Rent Control Tribunal, was dismissed. He then carried the case in Second Appeal before the High Court which was also dismissed by the judgment and order under challenge in this appeal. The only point urged albeit strenuously on behalf of the appellant, by Mr. P S. Mishr .....

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met the tenant who refused to receive the notice. This finding remained undisturbed by both the Tribunal as well as the High Court. Learned counsel attacks this finding on the ground that the postman was on leave on those days and submits that the records called for from the post office to prove that fact, were reported as not available. On those facts submits the learned counsel, it follows that there was no refusal by the tenant and no service of notice. We are afraid we cannot accept these co .....

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ctness of the statement of a witness you must give him opportunity to explain his statement by drawing his attention to that part of it which is objected to as untrue, otherwise you can not impeach his credit. In State of U.P. v. Nahar Sing (dead) and Ors., [1998] 3 SCC 561, a Bench of this Court (to which 1 was a party) stated the principle that Section 138 of the Evidence Act confers a valuable right to cross-examination a witness tendered in evidence by opposite party. The scope of that provi .....

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