TaxTMI 
TaxTMI 
1976 (3) TMI 243
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....of the defendant on the ground of arrears of rent. The learned Munsif of the trial court found that the defendant was in arrears of rent and that he was not entitled to get any protection. It was also found that ejectment notice was duly served upon the defendant through post by certificate of posting. In the appeal below, the learned Subordinate Judge concurred with the finding of the learned Munsif. Only one point was urged at the time of hearing of the appeal below regarding the service of notice of ejectment under Section 106 of the Transfer of Property Act. In particular, it was contended that the address of the defendant written on the envelope containing the ejectment notice was not correct. The learned Subordinate, Judge considering....
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....t. In the present case for non-compliance with Sub-sections (1) and (2) of Section 17 of the West Bengal Premises Tenancy Act, the defendant cannot get any protection against eviction. 4. It has been next argued by Mr. Bhattacharya on behalf of the appellant that the envelope containing the ejectment notice did not bear correct and specific address of the defendant. His contention is that according to the evidence of the defendant, the plaintiff had two houses and therefore, the address on the envelope indicating the house of the plaintiff was vague. It was not stated which of the two houses was meant. This matter has been thoroughly considered by the courts below. Both the plaintiff and the defendant live in the same house and the addre....
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.... post according to the provision of any Act, that must be sent or served by registered post and not otherwise. I am sorry, I cannot accept this proposition of law. Admittedly, no ejectment notice was sent by registered post. It was sent in the present case under certificate of posting and the finding is that it has been duly served upon the defendant. Section 27 of the General Clauses Act of 1897 reads as follows:-- "Where any Central Act or Regulation made after the commencement of this Act authorises or requires any document to be served by post, whether the expression "serve" or either of the expressions "give" or "send" or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effe....
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....circumstances. 7. In the present case, both the courts were satisfied to hold that the notice was duly posted with correct address. There is no evidence that there was any postal disorder or irregularity in the postal service at the relevant time. The courts ware justified on the evidence on record to hold that there was due service of notice upon the defendant-appellant. I find no reason to interfere with the findings of the courts below which rejected the evidence on the side of the defendant and accepted the evidence of the plaintiff. In this connexion I may refer to the case of Santosh Kumar Gupta v. Chinmoyee Sen, . In this case service of notice under Section 106 of the Transfer of Property Act came to be considered. Notice was sen....