KISAN BHIWANJI SHIVADE Vs. NAU GANU RAUT

JUDGEMENT

(1.) THE Petitioners in this writ petition impugn the legality and correctness of the decree passed by Civil Judge, Junior Division, Bhiwandi on 30th October 1984 and confirmed in appeal by 3rd Additional District Judge, Thane on 2-1-1987.

(2.) FACTS , shorn of unnecessary details, are:

(3.) THOUGH the learned counsel for Petitioner sought to urge that in the absence of the examination of the postman, the original Plaintiff cannot be said to have proved that demand notice was received by the original defendants on 27.7.78, in my view, on the basis of the available evidence on record, it can safely be held that the notice of demand dated 21.7.78 was received by the Defendants on 27.7.78, and, the concurrent finding recorded by the courts below that the said notice was received by the Defendants on 27.7.78 cannot be, faulted.