Section 106 Transfer of Property Act notice

This Supreme Court judgment addresses whether an eviction decree based on a notice under Section 106 of the Transfer of Property Act, 1882, is valid when the notice sent via Registered Post is returned with an endorsement "ND" (Not Delivered). The Court ruled that such notice satisfies the requirement of "deemed service" under Section 27 of the General Clauses Act, 1897. The High Court had erred in reversing the Trial Court's eviction decree by misinterpreting postal endorsement. The judgment clarifies the legal standards for deemed service and restricts unwarranted interference in second appellate/revisional jurisdiction where procedural fairness has not been compromised.