PREM LATA GUPTA Vs. DUNLOP INDIA LIMITED

JUDGEMENT

(1.) This suit has been filed praying for the passing of a decree for ejectment of the Defendant from 8/3, Asaf Ali Road, New Delhi; for a decree in the sum of Rs. 2,40,000/- being arrears of rent with effect from 1.3.1998 to 23.9.198 . and damages with effect from 24.9.1998 to 31.12.1998; and for a decree for the payment of future damages at the rate of 24,000/- per month.

(2.) On a perusal of the plaint it will be evident, inter alia, that the parties had entered into a Lease Deed dated 11th July, 1991. The allegation is that the Defendant failed and neglected to pay the rent at the rate of Rs. 24,000 / - per month from March, 1998 onwards. In paragraph 6 of the plaint it has been stated that in compliance with Clause 4(a) of the Lease Deed a legal Notice dated 8.7.1998 was served on the Defendant by means of Registered A.D. post as well as by Courier calling upon the Defendant to pay the arrears of rent for the months of March, 1998 to June, 1998 within sixty days of the receipt of the said Notice. In this paragraph it is specifically averred that the notice was duly served upon the Defendant Company on 23.7.1998. Thereafter in paragraph 10 it has again been reiterated that the cause of action arose on23.9.1998 when the tenancy of the Defendanty Company stood expressly terminated by the Plaintiff on the expiry of sixty days of the receipt of the Notice dated 8.7.1998, by the Defendant. The defence, in essence, is that "the plaintiff have not served legal notice dated 8.7.1998 on the defendant in accordance with Clause 4(a) of the Lease Deed." Since pleadings of the parties would have to be appreciated paragraphs 6 and 10 are reproduced in juxtaposition:

(3.) I cannot arrive at any conclusion other than that the Defendant admits the receipt of the notice, but disputes its legal efficacy.