Judgment

TULZAPURKAR, J. (for himself and A. P. SEN, J.) :- This is a tenants appeal by special leave directed against the judgment and decree passed by the Allahabad High Court on February 16, 1979 in Second Appeal No. 430 of 1970 whereby the High Court decreed the respondents (landlords) suit for ejectment against the appellant (tenant) and the only question of substance raised in the appeal is whether when the landlords notice demanding arrears and seeking eviction is sent by registered post and is refused by the tenant the latter could be imputed with the knowledge of the contents thereof so that upon his failure to comply with the notice the tenant could be said to have committed wilful default in payment of rent?

2. The question arises in these circumstances: The appellant occupied shop No. 5 in Ivanhoe Estate, situated at Landure Cantonment, Mussorie, originally owned by one Parvij Waris Rasool, on an yearly rental of Rs. 250/- payable by December 31, every year. The property at all material times was admittedly governed by the U. P. Cantonments (Control of Rent and Eviction) Act, X of 1952 - a Central Act and, in my view, all the Courts below rightly dealt with the matter as