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january 1992

Supreme Court of India · 1992-01-17

VITTHAL SHAMRAO KUBDE vs STATE OF MAHARASHTRA

Citation / case number
SC 1991/75771
Court
Supreme Court of India
Petitioner
VITTHAL SHAMRAO KUBDE
Respondent
STATE OF MAHARASHTRA
Author
N.M. KASLIWAL
Bench
N.M. KASLIWAL

Judgment text excerpt

The Supreme Court upheld the applicability of Section 106 of the Transfer of Property Act, affirming that a notice sent by registered post is presumed to be served unless rebutted by extraordinary circumstances. The Court found that the landlords had sufficiently proven service of notice through postal receipts, and the tenants' denial lacked merit as they did not provide evidence of any extraordinary events. Additionally, the Court confirmed the finding that the tenants were in default of rent payments, as they failed to deposit the full arrears on the first hearing date and did not make regular payments during the appeal process.

VITTHAL SHAMRAO KUBDE vs STATE OF MAHARASHTRA · Niyam