LAKSHMI PRASAD SHARMA Vs. THAKUR MAHADEO JI

JUDGEMENT

(1.) This defendant's second Civil Appeal is directed against the judgment and decree of II Addl. Civil Judge, Kanpur. The defendant is admittedly the tenant and the plaintiff -respondent the landlord of the premises in suit. The plaintiff filed the suit for recovery of rent and ejectment of the appellant from the premises in suit. Relief for ejectment was sought on the ground of default. The defendant -appellant contested the suit and denied the service of notice of demand. The trial court decreed the plaintiff's suit and the decree of the trial Court has been confirmed by the lower appellate Court, hence this Second Civil Appeal.

(2.) The only question involved in this appeal is whether the notice of demand was ever served on the appellant. Ext. 5 is the compose notice of demand and determination of tenancy. It was sent by Registered post. Ext. 6 is the acknowledgment of the notice and bears the following endorsement of the Postman:

(3.) Learned counsel appearing for the appellant has contended that there was no valid tender of the notice whereas the learned counsel for the respondent contends that the tenant having refused to accept the registered envelop the notice shall be deemed to have been duly served. Reliance has been placed by him on Dwarka Singh v/s. Ratan Singh Ahuja (1969 AWR 477) in support of his contention that the endorsement of refusal amounts to proof of service.