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Amba Shankar & Anr. vs. Tara Chand

34.00 3.40

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Transfer of Property Act, 1882–Sec. 106–Decree of eviction–Appreciation of–Fact of receiving notice was not disputed in written statement, however, it was pleaded that the notice was not in accordance with law–Acknowledgement is on record which showing the delivery of notice on 4.2.1974–This document was found coupled with the evidence of respondentplaintiff–In fact, petitioner made an attempt to substantiate the defence by stating that he is owner of property and it was mortgaged with plaintiff–Plaintiff discharged his burden in regard to notice–Held, eviction was justified.