MADAN & CO. versus WAZIR JAIVIR CHAND

MADAN & CO. versus WAZIR JAIVIR CHAND

Sending notice properly addressed to tenant by registered post, with delivery to the post office, fulfills statutory requirement of service; actual receipt by tenant is not necessary. Landlord has no control after posting. Affixture is not statutorily required or sufficient unless statute provides.

Source-derived case information.

Parties
Appellant: Madan & Co.; Respondent: Wazir Jaivir Chand
Jurisdiction
India
Judgment Date
28 November 1988
Procedural Posture
Civil Appeal / Appeal Before Supreme Court
Outcome
Appeal dismissed
Legal Topics
Service of Notice, Ejectment, Arrears of Rent, Registered Post, Statutory Interpretation
Landlord Tenant Law Service of Notice Ejectment Arrears of Rent Registered Post Statutory Interpretation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Madan & Co.

Appellant

Wazir Jaivir Chand

Respondent

Procedural Posture

Civil Appeal / Appeal Before Supreme Court

Legal Issues

  1. 1 Whether service of notice through registered post under section 11, Jammu & Kashmir Houses & Shops Rent Control Act, 1966 requires actual receipt by tenant or if posting at correct address suffices
  2. 2 Whether service by affixture is sufficient compliance with statutory requirements when registered post notice is returned

Ratio Decidendi

Sending notice properly addressed to tenant by registered post, with delivery to the post office, fulfills statutory requirement of service; actual receipt by tenant is not necessary. Landlord has no control after posting. Affixture is not statutorily required or sufficient unless statute provides.

Court Disposition

Appeal dismissed

Orders

  • No order as to costs