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    Lachmi Narain v. Dirg Bijai Singh

    1. (After stating facts the judgment proceeded). With regard to the first plea as to the sufficiency of the notice, the learned Subordinate Judge held that under Section 54 of the Act it was necessary that the notice should have been given to the Collector of Ghazipur. “A notice to the Special Manager cannot be treated as a good notice as required by law.” On this point we are not prepared to accept the view taken by the Lower Court. What Section 54 requires is that notice in writing should be delivered to or left at the office of the Collector or other person in charge of the property.

    2. It is an admitted fact that the late Mr. Fox was the Special Manager in immediate subordinate charge of the estates in the Ghazipur District under the Collector of the District and we are satisfied that the notice, otherwise perfectly valid, was properly delivered to or left at the office of the Collector within the meaning of the section, when it was taken to and left at the office of the Special Manager. The judgment then dealt with other matters and the appeal was dismissed.

    3. Appeal dismissed.

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    Lachmi Narain v. Dirg Bijai Singh
    (Nov 4, 1920)