PURAN CHAND Vs. LAJYA WATI

JUDGEMENT

(1.) This is a revision under section 15(5) of the East Punjab Urban Rent Restriction Act, 1949, filed by the tenant against an order of eviction passed against him by the Rent Controller in an application made in that behalf by the respondent which order has been confirmed by the Appellate Authority.

(2.) Ejectment was sought inter alia on the ground of personal requirement. The defence taken was that no notice under section 106 of Transfer of Properly Act had been served and that the premises were not residential. Before me the Learned Counsel has urged that the finding with regard to the service of notice under section 106 of the Transfer of Properly Act is wrong and vitiated and that being so, the revision has to be accepted and it is not necessary to go into the other points.

(3.) Reliance by the Courts below was placed on a registered notice sent by the Advocate of the landlord to the tenant. This registered notice is Exhibit AW5/1. On the back of it there is a note dated 18th July, 1969, apparently by the Postman to the following effect:-