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1 - 7 of 7 (0.19 seconds)Section 106 in The Transfer Of Property Act, 1882 [Entire Act]
Ganga Ram vs Smt. Phulwati on 4 March, 1970
5 is on record which was sent per registered A. D. post to the defendant on a proper address. There is an endorsement to the effect on this notice "Lene Se Inkar Vapas Hai". It is signed by Ram Achal. The Full Bench of this Court in Ganga Ram v. Smt. Phulwati, 1970 All WR (HC) 198 = (AIR 1970 All 446) (FB) clearly laid down this proposition of law that if a notice is sent by registered post and received back with an endorsement "refused" made by someone in the post office, presumption under Section 114 of the Indian Evidence Act, can rightly be drawn in favour of the sender. Presumption of such a notice has also to be made under Section 27 of the General Clauses Act. The only thing required is that it should be correctly addressed to the tenant and in such an event when it is returned with an endorsement of 'refusal', it is not even necessary for the plaintiff to prove the endorsement of refusal either by producing the postman or give other evidence, in case where defendant denies receipt of notice. In this case the plaintiff went a step further. She examined Ram Achal, postman, who proved his endorsement. That being so it is not open to the defendant to argue that such a notice which was properly addressed to him was not taken to him and he had not refused to accept the same. It is a valid and composite notice treating the defendant a defaulter and asking him to pay arrears within one month as well as for terminating the tenancy by giving 30 days notice from the receipt of the same.
Section 10 in The Code of Civil Procedure, 1908 [Entire Act]
Section 27 in The General Clauses Act, 1897 [Entire Act]
Section 114 in The Indian Evidence Act, 1872 [Entire Act]
The Transfer Of Property Act, 1882
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