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SANJAY KAROL, JOYMALYA BAGCHI
Krishna Swaroop Agarwal (Dead) Thr. Lr. – Appellant
Versus
Arvind Kumar – Respondent
JUDGMENT :
SANJAY KAROL, J.
Leave Granted.
2. The present appeal arises from the final judgment and order dated 7th October 2016, passed by the High Court of Judicature at Allahabad in Civil Revision No.22 of 2012, whereby the judgment and order dated 26th November 2011 passed in S.C.C. Suit No.23 of 2000 by the Additional District Judge, Hathras, was set aside.
3. The principle question of law that falls for consideration of this Court in the present litigation is whether the High Court was justified in setting aside the ejectment decree passed by the Trial Court in favour of the appellant on the sole ground that the notice under Section 106 of Transfer of Property Act, 1882, was not served upon the respondent, as the postal letter was returned with endorsement “ND” which denotes “Not Delivered”.
4. Brief facts giving rise to the appeal are:
4.1. Appellant is the landlord of a property situated at Sadabad Gate, Agra Road in Hathras1[hereinafter referred to as “Suit Property”]. The respondent took the suit property on rent at Rs.3,000/- per month, including the water tax and house tax. The said tenancy begins from the first date of the English month and ends on the last date of the same
Eviction Notice – If services are made through Registered Post, it is deemed to have been made in accordance with law.
Unregistered tenancy agreements exceeding one year are inadmissible in evidence; valid notice of eviction is established if default in rent payment is proven.
The court affirmed the revisional court's findings on landlord-tenant relationships and notice validity, emphasizing statutory interpretation and jurisdictional limits under the Provincial Small Caus....
The main legal point established is that the termination of tenancy under Section 106 of the Transfer of Property Act must be valid, and the acceptance of rent after the expiry of the lease period do....
A valid notice under section 13(6) of the West Bengal Premises Tenancy Act must provide a full month’s notice expiring with the month of tenancy for eviction to be lawful.
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