STATE OF KERALA vs RADHAMANY

The Supreme Court held that under Section 44 of the Kerala Revenue Recovery Act, 1968, service of a demand notice is a condition precedent for the recovery of arrears from a defaulter. The Court affirmed the High Court's ruling that without such notice, the presumption of intent to defeat recovery is inapplicable. Consequently, the appeal was dismissed, upholding the High Court's decision that the recovery proceedings initiated without a valid demand notice were invalid.