LAWS(SC)-2025-7-39

KRISHNA SWAROOP AGARWAL Vs. ARVIND KUMAR

Decided On July 16, 2025
Krishna Swaroop Agarwal Appellant
V/S
ARVIND KUMAR Respondents

JUDGEMENT

(1.) Leave Granted.

(2.) The present appeal arises from the final judgment and order dtd. 7/10/2016, passed by the High Court of Judicature at Allahabad in Civil Revision No.22 of 2012, whereby the judgment and order dtd. 26/11/2011 passed in S.C.C. Suit No.23 of 2000 by the Additional District Judge, Hathras, was set aside.

(3.) The principle question of law that falls for consideration of this Court in the present litigation is whether the High Court was justified in setting aside the ejectment decree passed by the Trial Court in favour of the appellant on the sole ground that the notice under Sec. 106 of Transfer of Property Act, 1882, was not served upon the respondent, as the postal letter was returned with endorsement "ND" which denotes "Not Delivered".