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Rajinder Pershad (Dead) by Lrs Versus Darshana Devi

2001 (8) TMI 1418 - SUPREME COURT OF INDIA

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 De .....

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d the landlady. The case of the landlady is that the tenant did not pay the rent of the suit premises from I 7.85 in spite of service of notice of demand Exhibit AW 1/6 dated 5.8.86 and committed three consecutive defaults in payment of rent. The ten .....

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f 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 c .....

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notice are illegal and void. He has invited our attention to the judgment of the learned Rent Control Tribunal wherein it is recorded that Exhibit AW1/6 dated 5.8.86 was sent by registered post: and the same taken by the postman to the address of th .....

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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 fol .....

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mination. It was not suggested to him that he was not on duty during the period in question and the endorsement "refused" on the envelope was incorrect. In the absence of cross-examination of the postman on this crucial aspect his statement .....

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h 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 .....

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ved. "The oft-quoted observation of Lord Herschell, L.C. in Browne v. Dunn clearly elucidates the principle underlying those provisions. It reads thus: "I cannot help saying, that it seems to me to be absolutely essential to the proper cond .....

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