TMI Blog1976 (3) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... court found that the defendant was in arrears of rent and that he was not entitled to get any protection. It was also found that ejectment notice was duly served upon the defendant through post by certificate of posting. In the appeal below, the learned Subordinate Judge concurred with the finding of the learned Munsif. Only one point was urged at the time of hearing of the appeal below regarding the service of notice of ejectment under Section 106 of the Transfer of Property Act. In particular, it was contended that the address of the defendant written on the envelope containing the ejectment notice was not correct. The learned Subordinate, Judge considering the evidence on record and the facts and circumstances held that the notice was d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17 of the West Bengal Premises Tenancy Act, the defendant cannot get any protection against eviction. 4. It has been next argued by Mr. Bhattacharya on behalf of the appellant that the envelope containing the ejectment notice did not bear correct and specific address of the defendant. His contention is that according to the evidence of the defendant, the plaintiff had two houses and therefore, the address on the envelope indicating the house of the plaintiff was vague. It was not stated which of the two houses was meant. This matter has been thoroughly considered by the courts below. Both the plaintiff and the defendant live in the same house and the address of the defendant mentions the name of the street where the house stands. The de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered post and not otherwise. I am sorry, I cannot accept this proposition of law. Admittedly, no ejectment notice was sent by registered post. It was sent in the present case under certificate of posting and the finding is that it has been duly served upon the defendant. Section 27 of the General Clauses Act of 1897 reads as follows:-- Where any Central Act or Regulation made after the commencement of this Act authorises or requires any document to be served by post, whether the expression serve or either of the expressions give or send or any other expression is used, then, unless a different intention appears, the service shall be deemed to be effected by properly addressing, pre-paying and posting by registered post, a letter c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the notice was duly posted with correct address. There is no evidence that there was any postal disorder or irregularity in the postal service at the relevant time. The courts ware justified on the evidence on record to hold that there was due service of notice upon the defendant-appellant. I find no reason to interfere with the findings of the courts below which rejected the evidence on the side of the defendant and accepted the evidence of the plaintiff. In this connexion I may refer to the case of Santosh Kumar Gupta v. Chinmoyee Sen, . In this case service of notice under Section 106 of the Transfer of Property Act came to be considered. Notice was sent both by registered post and under certificate of posting. The endorsements on th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Act does not say that the notice must be sent by registered post or that notice sent by post under certificate of posting would be illegal. There can be no doubt that the notice under Section 106 of the Transfer of Property Act may also be sent by post under certificate of posting. I cannot hold that the words sent by post in Section 106 of the Transfer of Property Act would mean sent by registered post alone. Section 27 of the General Clauses Act does not say that if an ejectment notice under Section 106 of the Transfer of Property Act is sent by post, it must be sent by registered post alone. I find no substance in the contention of Mr. Bhattacharya, his last ground in this appeal. 8. In the result, the appeal is dismissed with c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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