RAHUL MANHAS Vs. VIRINDER KUMAR SRIWASTVA

JUDGEMENT

(1.) A suit for ejectment was filed by the petitioners/appellants against the defendant/respondent on the ground for having committed three defaults. An amount of Rs. 1500/- was claimed as rent from October, 1984 to July, 1985. Notice was sent to the defendant on 3.8.1985 under Transfer of Property Act. Notice was acknowledged on 14.8.1985 as per endorsement on the acknowledgement receipt. The suit was filed on 28.4.1986 and the decree was passed by the trial court on 28.12.1998. The trial court allowed the suit by holding that defendant had committed three valid defaults of two months each of non-payment of rent within a period of 18 months.

(2.) AGAINST the order of the trial court, an appeal was preferred before the 2nd Addl. District Judge, Jammu. The appellate court allowed the appeal and dismissed the suit on the ground that no notice was received by the defendant under Section 106 of Transfer of Property Act.The findings of the appellate court reveal that service of the notice was required to be proved by the plaintiffs and in this connection statement of the post man had to be recorded. It is observed by the appellate court that no presumption can be drawn that notice was received by the defendant. In these circumstances, present Civil 2nd Appeal has filed by the appellant.

(3.) I have heared learned counsel for the parties and perused the record.