Implied admission of tenancy notice service sustained validity of ejectment notice under procedural pleading rules.

A tenancy termination notice was held valid and duly served because the plaint specifically pleaded service by registered post with postal receipt and acknowledgment, while the written statement did not specifically deny service and only asserted that the notice was not in accordance with law. That omission was treated as an implied admission under Order 8 Rule 5 CPC. The concurrent findings that the notice satisfied the requirements of Section 106 of the Transfer of Property Act, 1882 and Section 11 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 were therefore sustainable, and the High Court should not have disturbed them.

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Issues: Whether the notice terminating the tenancy was valid and duly served, and whether the tenant's written statement amounted to an admission attracting Order 8 Rule 5 of the Code of Civil Procedure, 1908.

Analysis: The plaint specifically pleaded service of the ejectment notice by registered post, along with postal receipt and acknowledgment. The written statement did not specifically deny service and only stated that the notice was not according to law. In such circumstances, the omission to traverse the pleaded fact of service amounted to an implied admission under Order 8 Rule 5 of the Code of Civil Procedure, 1908. The findings of the courts below that the notice satisfied the legal requirements under Section 106 of the Transfer of Property Act, 1882 and Section 11 of the Assam Non-Agricultural Urban Areas Tenancy Act, 1955 were therefore sustainable.

Conclusion: The notice was valid and properly served, and the High Court erred in disturbing the concurrent findings on that issue.

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