TaxTMI 
TaxTMI 
2020 (4) TMI 891
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....f which is given as 42 square feet. The case of the Appellant was that he had purchased the shop in question for his personal use, vide registered Sale Deed dated 29.10.2004. The Respondent was a tenant of the shop in question on a monthly rent of Rs. 15 and doing business of repair and sale of watches. After purchase of the said shop, the Appellant requested the Respondent to vacate the shop, to which the Respondent initially agreed but later refused to vacate. The Appellant, thus, filed the release application. The case of the Appellant was that the Respondent (tenant) is a rich person who owns two buildings and the family of the Respondent has other commercial accommodations in their possession in the main market of Hazratganj, Khurram Nagar and I.T. Crossing, Nirala Nagar in the city of Lucknow. Another application of the Appellant for release of the adjoining Shop No. 63 (having an area of 190 square feet) was also pending. The case of the Appellant further was that he was a young man and wanted to start his own business of repair and sale of watches in the shop in question after its renovation, as at present he was assisting his father in the business of sale and repair of....
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....a fide and pressing and at present he had no shop in Lucknow and that there was no evidence on record to show that the Respondent (tenant) had made any effort to search alternate accommodation. On the aforesaid grounds, and considering the comparative hardship, the Prescribed Authority allowed the release application. 6. The appeal filed by the Respondent was dismissed by the Additional District Judge (Appellate Authority) vide Order dated 05.02.2016, whereby it was held that the relationship of landlord and tenant between the Appellant and Respondent was proved and also that the requisite notice of six months was given to the Respondent. It further reaffirmed the view of the Prescribed Authority that the need of the Appellant was bona fide and pressing and, thus, dismissed the appeal. 7. Aggrieved by the aforesaid Orders, the Respondent filed Rent Control Writ Petition No. 3457 of 2016, which has been allowed by the High Court, primarily after holding that no notice for eviction was given to the Respondent, which was mandatory and there could be no presumption of service of notice sent "under certificate of posting". The High Court also presumed that the intention of the App....
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....ce before its purchase by the landlord, such purchase being made after the commencement of this Act, no application shall be entertained on the grounds, mentioned in Clause (a), unless a period of three years has elapsed since the date of such purchase and the landlord has given a notice in that behalf to the tenant not less than six months before such application, and such notice may be given even before the expiration of the aforesaid period of three years. (emphasis supplied) 12. From the perusal of the aforesaid Proviso to the said Section, it is clear that no particular mode of giving notice by the landlord to the tenant has been provided for, meaning thereby that the same could be given orally or in writing; and if in writing, it is not necessary that it should be sent only by registered post. What is required is that "the landlord has given a notice in that behalf to the tenant". 13. The Prescribed Authority, while recording the finding that the tenant was given notice for eviction, has considered the various facts leading to the recording of such finding. It is not that the Prescribed Authority has drawn a presumption of the notice having been served merely because....
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....n oath; (b) receiving evidence on affidavits; (c) inspecting a building or its locality, or issuing commission for the examination of witnesses or documents or local investigation; (d) requiring the discovery and production of documents; (e) awarding, subject to any Rules made in that behalf, costs or special costs to any parts or requiring security for costs from any party; (f) recording a lawful agreement, compromise or satisfaction and making an order in accordance therewith; (g) any other matter which may be prescribed. to 8 ........................... (emphasis supplied) 15. In view of the aforesaid, it is clear that evidence adduced on affidavit was admissible before the Prescribed Authority. In the facts of the present case, when the Appellant (landlord) had filed the photocopy of the receipt of having sent the notice under certificate of posting, along with an affidavit, which was accepted by the Prescribed Authority, and coupled with the attending circumstances as noticed by the Prescribed Authority, a specific finding of fact was recorded that due notice, as required Under Section 21 of the Rent Control Act, had been sent by the Appellant (landl....
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....tificate should be drawn. It is true that as observed by the Privy Council in its above referred judgment, the presumption would apply with greater force to letters which are sent by registered post, yet, when facts so justify, such presumption is expected to be drawn even in the case of a letter sent under postal certificate." Considering the facts and circumstances of that case, this Court held the notice sent under certificate of posting to be sufficient service. In the case of Ranju v. Rekha Ghosh (2007) 14 SCC 81, this Court was considering a case where one month's notice was to be given to the tenant for eviction. After considering the provisions of the relevant Tenancy Act, Transfer of Property Act and the Bengal General Clauses Act, it was held that "clause (6) provides mere "one month's notice"; in such event, the said notice can be served in any manner and it cannot be claimed that the same should be served only by registered post with acknowledgement due." In the facts of that case, it was held that service of notice sent under certificate of posting was sufficient. Similar is the case at hand, where the Act provides for that 'the landlord has given a noti....