Sri Ram Krishna Chatterjee vs Sri Joydeb Patro — 84/2024

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Case Summary: Title Appeal No. 84/2024 Court Decision: The Additional District Judge, Fast Track Court, Serampore allowed the appellant's appeal and granted an eviction decree. The court set aside the trial court's dismissal, holding that the eviction notice under Section 106 of the Transfer of Property Act was validly served on the tenant via registered post, evidenced by postal authority records. The respondent tenant is directed to vacate the shop room within one month. Key Reasoning: The trial court had dismissed the suit for lack of valid notice service, but the appellate court found that postal records (Exhibits 4 and 4(a)) proved delivery of the notice on 15.12.2023. The carbon copy of the typed notice bearing the lawyer's original signature was accepted as valid secondary evidence under Indian Evidence Act Section 63, following Supreme Court precedents establishing that proper service via registered post creates a presumption of valid delivery. This case analysis is maintained by casestatus.in based on publicly available court records.

Disposed

Addl District and Sessions Judge Ftc

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Addl District and Sessions Judge Ftc

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Addl District and Sessions Judge Ftc

Hearing

Addl District and Sessions Judge Ftc

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Addl District and Sessions Judge Ftc

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Addl District and Sessions Judge Ftc

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ADJ Ftc

Hearing

ADJ Ftc

First hearing

Initial hearing scheduled

Case filed

Registration No. 84/2024