KRISHNA KUMAR GUPTA Vs. MANOJ KUMAR SAHU

JUDGEMENT

(1.) Heard Sri K.K. Arora, learned counsel for the revisionist and Sri Rakesh Prasad, learned counsel for opposite party.

(2.) Learned counsel for the revisionist submitted that revisionist is tenant and suit for eviction being SCC Suit No. 165 of 2015 was filed after sending notice dtd. 6/4/2015 through registered post as required under Sec. 106 of Transfer Property Act, 1882 (hereinafter referred to as "Act, 1882"). He next submitted that said notice was returned back by the postman on the very next date i.e. 7/4/2015 with remark

(3.) Learned counsel for opposite party has not disputed the said fact, but submitted that sending notice dtd. 6/4/2015 shall be treated to be sufficient in light of Sec. 27 of General Clauses Act, 1897 (hereinafter referred to as "Act, 1897"). In support of his contention, he has placed reliance upon the judgements of Full Bench of this Court in the matter of Ganga Ram Vs. Phulwati; 1970 SCC Online All 42. He also placed reliance upon the judgments of Apex Court as well as different High Courts in the matters of Ms/. Madan and Co. Vs. Wazir Jaivir Chand; 1988 0 Supreme (SC) 715, Subhas Chandra Mitra Vs. Netai Chand Dey; 2004 (21) AIC 583, Sharda Prasad @ Chhulli Vs. A.D.J., Allahabad and others; 2005 (3) AWC 2417, C.C. Alavi Haji Vs. Palapetty Muhammed and another; 2007 (5) Supeme 277, Ghulam Waris Khan Vs. LT Col Ajeet Singh; 2008 ) Supreme (All) 134, Mohanlal Manna Vs. Lakshmi Prasad Shaw passed in Second Appeal No. 732 of 1999 decided on 30/11/2011, Smt. Vandana Gulati Vs. Gurmeet Singh @ Mangal Singh; 2013 (2) ADJ 281, Ajeet Seeds Limited Vs. K. Gopala Krishnaiah; (2014) 12 SCC 685, Alok Kumar Kaushik Vs. O.P. Shah and another; 2017 0 Supreme (All) 1170, Jain Developers and 3 others Vs. Raja R. Chhabria and 4 others passed in Commercial Appeal No. 168 of 2017 In Suit No. 2808 of 2008 with Chamber Summons No. 139 of 2017 with Notice of Motion No. 2513 of 2016 In Suit No. 2808 of 2008 decided on 29/1/2018 and P.T. Thomas Vs. Thomas Job; (2005) 6 SCC 478.