LAWS(ALL)-2022-9-229

BHOLA NATH Vs. ANUS RASHEED

Decided On September 12, 2022
BHOLA NATH Appellant
V/S
Anus Rasheed Respondents

JUDGEMENT

(1.) Instant review application has been filed praying for review of judgment dtd. 5/9/2002 passed in Civil Revision No.29 of 1992 in re: Bhola Nath and another. Vs. Anas Raseed.

(2.) This Court, vide aforesaid judgment and order had held, after perusal of records, that the trial court had come to an incorrect conclusion regarding service of notice upon the defendant-revisionists as the /postman had not been examined and reliable evidence regarding service of notices under Sec. 106 of Transfer of Property Act had not been produced in the case ignoring the fact that the notice had been sent on correct address of noticee.

(3.) Placing reliance on the judgment of this Court in the case of Ghulam Waris Khan and another. Vs. Lt. Col. Ajeet Singh and another, reported in [2008 (26) 209], wherein this Court had placed reliance on the judgment of the Apex Court in the case of M/s. Madan and Company. Vs. Wazir Jaivir Chand, ARC 1989 (2) page 381 and held that if a registered letter addressed to a person at his residential address does not get served in normal course and is returned, it can only be attributed to the addressee's own conduct and thus, it is argued that the finding, as recorded by this Court in the judgment dtd. 5/9/2002 which pertains to the non-service of notice, is incorrect.