Case Law Details
Mohd. Asif Naseer Vs West Watch Company (Supreme Court)
It may be so that mere receipt of notice having been sent under certificate of posting, in itself, may not be sufficient proof of service, but if the same is coupled with other facts and circumstances which go to show that the party had notice, the same could be held to be sufficient service on the party. In the present case, the law permits filing of a document (receipt of under certificate of posting in this case) to be filed along with an affidavit, which has been done so in this case. Further, there was clear admission of the respondent (tenant) that the appellant was his landlord (for which sale deed had been supplied to the tenant) and subsequent act of the respondent (tenant) depositing the rent under Section 30(1) of the Rent Control Act in the Court and other attending circumstances, as have been considered by the Prescribed Authority, would all clearly go to show that there was sufficient proof of service of notice, which finding of fact has been affirmed by the Appellate Authority, and we see no reason for the Writ Court to have unsettled such concurrent findings of fact.
FULL TEXT OF THE SUPREME COURT JUDGEMENT
Leave granted.
2. This is an appeal filed by the landlord challenging the Judgment and Order of the High Court passed in Rent Control Writ Petition No.3457 of 2016, whereby the release application filed by the appellant has been rejected, and the Orders passed by the Prescribed Authority and the Appellate Authority, allowing the release application of the appellant-landlord, have been set aside.
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