GURDEV SINGH BINDRA Vs. RANBIR SINGH

JUDGEMENT

(1.) By this petition the petitioner has assailed an order dated 8th May, 2008 of learned Rent Controller Tribunal (RCT). By an order dated 5th March, 2008 learned ARC had allowed an application of the respondent under Order IX Rule 13 of Code of Civil Procedure, 1908 ("CPC" for short) and orders of eviction dated 7th February, 2005 and 11th May, 2005 were set aside. Learned RCT dismissed the appeal of petitioner against order dated 5th March, 2008.

(2.) Brief facts relevant for the purpose of disposing of this petition are that the petitioner was landlord in respect of shop No. 32, Shiv Market, Masjid Road, Bhogal, Jungpura, New Delhi. This shop was let out to respondent at a monthly rent of Rs. 135/-. The petitioner sent a notice to the respondent making assertions inter-alia that the shop was initially sub-let by respondent and thereafter it was lying locked. These assertions are in paragraph No. 8 of the notice and read as under: "That for the last few years you are not in the possession and also not using the said premises and have subletted the same to one Mr. Satinder Singh C/o S.P. Electric Co., 14, N.D.S.E. Kotla Gurudwara Road, New Delhi-49. The said premises is also lying locked and closed for last few years and also the electricity connection installed in the said premises is also not being used from 10.11.1995. You have shifted your works and have been operating from Ranbeer Electric Mart, 1758, Bhagirath Place, New Delhi, and as such are not using the said premises." 2. The above notice was addressed to the petitioner at his residential address T-82, Church Lane, Bhogal, New Delhi. However, apart from sending it at residential address of the petitioner, the notice was also sent at the address of Shop No. 32, Shiv Market, Masjid Road, Bhogal, Jangpura, New Delhi and at Ranbeer Electric Mart, 1758, Bhagirath Place, New Delhi. All the three addresses were given at the top of the notice alternatively.

(3.) A reply to the notice was received by the petitioner through Advocate of the respondent. In the reply, para 8 of the notice was replied as under: