SARUP SINGH GUPTA Vs. S JAGDISH SINGH

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order of the High Court of Delhi at New Delhi dated 27th May, 2003 in Review Application No. 443 of 2002 passed in Regular Second Appeal No. 82 of 1997. The only facts required to be noticed are that the respondent herein, after serving a notice upon the appellant terminating the lease under section 106 of the Transfer of Property Act, instituted a suit for his eviction on June 2, 1979. It appears that before filing the suit two notices were given to the appellant, namely notices dated 10th February, 1979 and 17th March, 1979. According to the appellant, despite notice terminating the tenancy, the respondent accepted rent for the months of April and May, 1979 and thereafter.

(2.) The suit was decreed by the learned Sub-Judge, Delhi by judgment and decree of 22nd October, 1983. The first appeal filed by the appellant was also dismissed, whereafter he preferred a second appeal which was also dismissed by the High Court by its judgment and order dated August 1, 2002.

(3.) The petitioner then preferred a special leave petition before this Court, which was also dismissed subject to the liberty granted to the appellant to seek a review from the High Court by moving an application within a period of two weeks from the date of the order. Such an order was passed since it was submitted before this Court that although the plea of waiver of notice on the ground of rent having been continuously accepted by the landlord subsequent to the notice to quit was specifically raised in the High Court, it was neither noticed nor dealt with in the impugned judgment.