Notice undelivered in civil suit Notice undelivered in civil suit

1 year ago

In a civil suit against tenant if notice sent to him by landlord via registered post AD comes back undelivered with remark "door locked" "unclaimed returned to sender" then does court treat this as valid delivery. I want to know as per Rent Control Act.

Advocate Simi Paul

Responded 1 year ago

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A.Hi client,

If the notice is undelivered then you need to take permission from the authority for sending the same via other means. The can also direct you steps like newspaper publication. etc. Once something is undelivered then it is undelivered for the court also, order cannot be passed in your favour without trying other means of sending the summons/notice/any court order.

Thanks and Regards
Simi Paul
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Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
It is not valid delivery since the notice was not served. The landlord ought to have adopted other methods or served the copy of notice in person on the tenant.
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Anik

Responded 1 year ago

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A.Dear Client
The legal notice should be sent to the last known address of the Addressee, in case of individuals and registered addresses in case of companies and if the notice is returned or comes back for any reason it will be deemed that notice was served to the Addressee.
Hope it helps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Mrighankhi Chakraborty

Responded 1 year ago

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A.Hello Client,

No, the court does not consider it a valid delivery. It's not being delivered only. the court will pass an order to take fresh steps again and will tell you to send the summons again.

If this happens again you can pray for the courier service and to let you send the summon copy through mail and WhatsApp.

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