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november 1988

Supreme Court of India · 1988-11-28

MADAN & CO. vs WAZIR JAIVIR CHAND

Citation / case number
SC 1985/66931
Court
Supreme Court of India
Petitioner
MADAN & CO.
Respondent
WAZIR JAIVIR CHAND
Author
S. RANGNATHAN
Bench
S. RANGNATHAN

Judgment text excerpt

The Supreme Court interpreted Section 11 of the Jammu & Kashmir Houses and Shops Rent Control Act, 1966, clarifying that posting a prepaid registered letter to the tenant's correct address constitutes sufficient service of notice, even if the letter is returned undelivered. The Court held that strict compliance with the literal language of the statute is impractical, and once the landlord posts the letter, it is presumed delivered under Section 27 of the General Clauses Act. The appeal was dismissed, affirming the eviction order based on the tenant's failure to pay rent after proper notice was issued.

MADAN & CO. vs WAZIR JAIVIR CHAND · Niyam