RAJINDER PERSHAD (DEAD) BY LRS. versus SMT. DARSHANA DEVI

RAJINDER PERSHAD (DEAD) BY LRS. versus SMT. DARSHANA DEVI

In absence of cross-examination of the postman regarding his presence on duty and the endorsement of refusal, his chief-examination stands and the courts below rightly relied on it to hold there was valid service of notice and, therefore, default in rent payment justifying eviction.

Parties
Appellant: Rajinder Pershad (Dead) by LRs.; Respondent: Smt. Darshana Devi
Jurisdiction
India
Judgment Date
10 August 2001
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Eviction for Rent Default, Service and Proof of Notice, Examination and Cross Examination of Witnesses Under Evidence Act
Rent and Eviction Evidence Eviction for Rent Default Service and Proof of Notice Examination and Cross Examination of Witnesses Under Evidence Act

Case Brief

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Parties

Rajinder Pershad (Dead) by LRs.

Appellant

Smt. Darshana Devi

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Judgment

Legal Issues

  1. 1 Whether valid service of demand notice was effected on tenant so as to warrant eviction for default in rent payment.
  2. 2 Whether absence of cross-examination of the postman undermines the finding of refusal to receive notice.

Ratio Decidendi

In absence of cross-examination of the postman regarding his presence on duty and the endorsement of refusal, his chief-examination stands and the courts below rightly relied on it to hold there was valid service of notice and, therefore, default in rent payment justifying eviction.

Court Disposition

Appeal dismissed

Orders

  • Eviction order confirmed
  • No costs