Supreme Court Upholds Eviction Order in Tenant's Appeal

The Supreme Court granted leave to hear the tenant's appeal against an eviction order issued by the High Court of Judicature at New Delhi. The case centered on the tenant's alleged failure to pay rent despite a notice of demand and multiple defaults. Despite the tenant's argument of lack of valid notice service, the Court upheld the eviction order, emphasizing the unchallenged testimony of the postman regarding notice delivery and the tenant's failure to cross-examine him. The Court cited fair play and cross-examination rights under the Evidence Act in dismissing the appeal, with no costs awarded.

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Issues involved: Tenant's appeal against eviction order due to alleged non-payment of rent and lack of valid notice service.

Summary:
The Supreme Court granted leave to hear the tenant's appeal against the eviction order issued by the High Court of Judicature at New Delhi. The case revolved around the landlady's claim that the tenant failed to pay rent despite a notice of demand and committed multiple defaults. The Rent Controller and Rent Control Tribunal both ruled in favor of eviction, which was upheld by the High Court. The tenant's main argument was the lack of valid notice service, contending that all proceedings based on assumed notice were illegal. However, the Court found that the postman's testimony regarding the notice delivery remained unchallenged, as the postman was not cross-examined about his duty status during the delivery attempts. Citing the principle of fair play and cross-examination rights under the Evidence Act, the Court upheld the eviction order, dismissing the tenant's appeal. The judgment concluded by stating that no costs were awarded in the matter.

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