9911796707
TMI Blog1991 (10) TMI 231X X X X Extracts X X X X X X X X Extracts X X X X ..... y under liquidation has its immovable property situate at Dharamshala Naka Muzaffara, Faizabad, and, in this property, there was a tenant, one Salim, son of Abdullah, in a portion of the premises measuring 10" X 8" on the ground floor known as Abkari Dharmshala, situate at Naka Muzaffara, consisting of one room on a rent of Rs. 50 per month. The tenancy was from month to month beginning from the 1st of each English calendar ending on the last day of the month. The premises in question were allotted to the aforesaid Salim, a tailor by profession, under the terms and conditions of allotment order dated November 22, 1983, which this tenant accepted in writing. A copy of the allotment order and the copy of the acceptance letter of the tenant ar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the opposite party has violated the provisions of section 20 of the Urban Buildings (Regulation of Letting and Occupation) Act, 1972, by being a defaulter by not paying rent of four months and more and, thus, the tenancy stands terminated and the opposite party is liable for eviction. A copy of the application of the official liquidator was sent by registered post by the registry of the High Court and steps to serve the opposite party were also taken through the District Judge, Faizabad. Notice sent to the opposite party by the High Court was received back, showing an endorsement that it was refused. Thus, under the rules of the court, the opposite party having declined to accept the notice of the court it would be deemed to be sufficient ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uation and circumstances of this case are that the winding up proceedings have been pending for over twenty years. Tenants of companies under winding up proceedings, cannot stretch winding up proceedings to suit their personal interest. They have to wind up also, along with the winding up of the company. Thus, this court declares the opposite party a defaulter for not paying rent to the official liquidator and further declares him a trespasser and renders him liable to eviction and to be faced with a decree: ( a ) for eviction; ( b ) for rent due as between September 1, 1984, to June 30, 1985; ( c ) damages thereafter as until the date when possession is delivered to the official liquidator or under execution to the executing agency at th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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