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The SC set aside the High Court's order that quashed the ejectment decree on the ground of non-service of notice under Section 106 of the Transfer of Property Act, 1882. The Court held that service by registered post is deemed valid under Section 27 of the General Clauses Act, regardless of whether the notice was physically delivered or returned with "Not Delivered" endorsement. The High Court erred in invalidating the proceedings without applying this statutory presumption. Consequently, the Trial Court's ejectment decree was restored. The tenant was directed to surrender vacant and peaceful possession of the property to the landlord within three months from the judgment's communication. The appeal was allowed.
The SC set aside the High Court's order that quashed the ejectment decree on the ground of non-service of notice under Section 106 of the Transfer of Property Act, 1882. The Court held that service by registered post is deemed valid under Section 27 of the General Clauses Act, regardless of whether the notice was physically delivered or returned with "Not Delivered" endorsement. The High Court erred in invalidating the proceedings without applying this statutory presumption. Consequently, the Trial Court's ejectment decree was restored. The tenant was directed to surrender vacant and peaceful possession of the property to the landlord within three months from the judgment's communication. The appeal was allowed.
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