Sanjay Kumar Vaish & Ors vs Rajendra Kumar Agarwal & Ors

The Supreme Court held that the High Court erred in finding that notice was not properly served on the tenants, as the postman testified that the notice was tendered but refused by the tenants, constituting deemed service. The Court set aside the impugned order and directed the tenants to vacate the premises by December 31, 2010, contingent upon their filing an undertaking and payment of arrears. The appeal was disposed of in favor of the appellants, allowing them to execute the eviction decree if the tenants failed to comply.