P.A. KOWLI Vs. NARAYAN JAGANNATH MAHLE

JUDGEMENT

(1.) A short question survives in this petition and that is, with regard to the service of the notice upon the tenant-respondent.

(2.) A few facts which need to be stated, a part of which however, have now ceased to be in controversy are that, on 24.6.1964, the landlord-petitioner sent a notice to his tenant asking him to deliver possession and quit, as the tenant had defaulted in payment of rent. The agreed rent was Rs. 6.97. The tenant was in arrears at the time of the notice for the period 1st June, 1963 to December, 1963.

(3.) According to the landlord, he sent a notice by registered post on the 24th January 1964, which was returned to him with an endorsement "not claimed". The landlord however says, that he did not merely stop by sending a notice to the tenant personally and upon refusal, paste it on the house of the tenant on 28.1.1964. He says, however, that he also sent a notice by ordinary post under certificate of posting.