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Issues: Whether a notice terminating tenancy sent by registered post under Section 106 of the Transfer of Property Act, 1882 was validly served when the postal cover was returned with the endorsement "ND", and whether the High Court was justified in setting aside the ejectment decree on that basis.
Analysis: Section 27 of the General Clauses Act, 1887 creates a statutory presumption of service where a document is properly addressed, prepaid and sent by registered post, unless the contrary is proved. The notice in the present case was admittedly sent by registered post. The endorsement "ND" did not displace the statutory presumption merely because the postal article was not actually delivered. The Court reaffirmed that service by registered post, in the absence of rebuttal, is treated as deemed service. The High Court proceeded without giving effect to this statutory position and treated non-delivery as if it automatically negatived service. The revisional interference was also unwarranted, as none of the limited grounds justifying interference in revision, such as want of jurisdiction or denial of a proper trial, was made out.
Conclusion: The notice was deemed to have been served, and the High Court erred in setting aside the ejectment decree. The finding is in favour of the appellant.
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