Transfer of Property Act - The Legal Chamber

The Supreme Court held that a notice sent via registered post under Section 106 of the Transfer of Property Act, 1882, is deemed served under Section 27 of the General Clauses Act, 1887, even if returned with an "ND" (Not Delivered) endorsement. The High Court erred in setting aside the ejectment decree by ignoring this legal presumption of service. The Trial Court's decree was restored, affirming the landlord's right to evict the tenant for non-payment of rent and other charges. The judgment reinforces the principle that proper dispatch of a registered notice fulfills statutory service requirements unless rebutted. Facts Of The Case: The appellant, Krishna Swaroop Agarwal (since deceased and represented by his legal heir), was the landlord of a property in Hathras, Uttar Pradesh, which ...

The Supreme Court upheld the decree for specific performance of a 2001 land sale agreement, ruling that the plaintiffs proved readiness and willingness under the Specific Relief Act, 1963. It nullified subsequent fraudulent sales under Section 52 of the Transfer of Property Act (lis pendens) and affirmed the court’s power to grant possession under Section 22 despite omitted pleadings. The judgment emphasized that mere price escalation cannot deny equitable relief and imposed an additional ₹25 lakh payment to balance interests. Collusive transactions were declared void, reinforcing protections against pendente lite transfers. Facts Of The Case: In 2001, Krishan Gopal (appellant) agreed to sell 9 acres of agricultural land in Punjab to Gurmeet Kaur and her two sons for ₹10 lakh under an Ag...

Tag: Transfer of Property Act

Supreme Court Restores Ejectment Decree: ‘ND’ Postal Endorsement Doesn’t Invalidate Notice Under Transfer of Property Act

Supreme Court Upholds Specific Performance: Land Sale Agreement Enforced After 24 Years