‘Y’ got served a notice to ‘Z’ through an unregistered way for eviction of his property.”Z” received the same and kept quiet. Explain the position of ‘y’ to take action against ‘Z’.

Facts in the Case

• ‘Y’ is the owner or lawful possessor of a property.
• ‘Z’ is in occupation of that property, possibly as a tenant or unauthorised occupant.
• ‘Y’ served an eviction notice to ‘Z’ using an unregistered or informal method (e.g., through ordinary post, email, or hand delivery without registration).
• ‘Z’ received the notice but took no action in response—no denial, reply, or effort to vacate.
• The issue arises whether ‘Y’ can proceed with legal eviction action despite the notice not being formally registered.

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Issues in the Case

• Is a notice served in an unregistered form legally valid for the purpose of eviction?
• Can ‘Y’ take legal action for eviction based on such notice?
• What is the effect of ‘Z’s silence after receiving the eviction notice?

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Principles Applied

1. Service of Notice in Property Law

• Under Section 106 of the Transfer of Property Act, 1882, termination of a lease or tenancy must be by notice in writing.
• Registration of the notice is not mandatory unless required under contract or statute.
• What matters is valid delivery and proof of service.

Case Law: K.K. Krishnan v. M.K. Mohan, AIR 2001 Ker 210
The Kerala High Court held that even oral or unregistered notices, if accepted or acted upon, may hold legal force if the tenant has actual knowledge and does not dispute the notice.

2. Doctrine of Acquiescence and Estoppel

• When a party receives a notice and remains silent, without protest or reply, it may amount to acquiescence.
• ‘Z’s silence may be treated as implied acceptance of the notice, especially if he fails to challenge its validity or take any defensive step.

Maxim: Qui tacet consentire videtur
(He who is silent is taken to consent.)

3. Legal Validity of Unregistered Notice

• The mode of service (registered or not) is not strictly fatal unless the statute demands a specific mode.
• Courts often accept proof of actual receipt (witnesses, emails, delivery acknowledgments, etc.) in determining valid service.

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Judgment / Conclusion

• The unregistered notice sent by ‘Y’ is not invalid merely due to lack of registration.
• As long as it is proven that:
  • ‘Z’ received the notice, and
  • The notice contained a clear demand to vacate, and
  • ‘Z’ did not object or respond,
  then ‘Y’ is legally justified in proceeding with an eviction suit under the applicable Rent Control Law or Civil Procedure Code.
• The court will consider ‘Z’s silence and actual receipt of the notice while adjudicating the matter.