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Report No. 60

15.8. Other analogous provisions-section 106, TPA.-

Reference should also be made to section 106 of the Transfer of Property Act. Under that section, the lessor can determine the lease by a notice to quit, and one of the modes of service of such notice is sending it by post to the party intended to be bound by it. There are similar provisions in certain other Central Act.

15.9. Now, it is obvious that though the first limb of section 27 of the General Clauses Act is not expressed to be subject to proof to the contrary,1 it is intended to be so. It is not as if evidence in rebuttal of the presumption given in the section could be given only as to the second limb (the time at which the letter is deemed to have been delivered), and not as to the main presumption of service. Unfortunately, however, the section does not say so; and though it seems to have been assumed in a decided case,2 it is desirable to make the section, in its first limb, subject to proof to the contrary.

1. See para. 15.6, supra.

2. Jankiram Naida v. Arunugha, (1970) 2 MI.J 535 (538).



General Clauses Act, 1897 Back




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