JUDGMENT

ORDER :- The suit for eviction of the appellant in respect of certain premises has beep decreed by the trial Court and that decree has been confirmed by the High Court. The principal question that arises for consideration relates to the validity of the notice issued under Section 106 of the Transfer of Property Act. The notice was not personally served but there is an endorsement of the Postman stating that it has been refused. The case of the tenant was that he was not at all present during the period when the Postman visited the premises for service and the endorsement of the Postman was therefore not correct. He has discharged the initial burden by examining himself and it would be for the other side to prove the valid service. The submission was sought to be justified by reference to the decision in AIR 1980 Allahabad 280 Shiv Dutt Singh v. Ram Das and AIR 1976 Delhi 111 Jagat Ram Khullar v.. Battu Mal.

2. The question considered in both the decisions was to the statement on oath by the tenant denying the tender and refusal to accept delivery. It was held that the bare statement of the tenant was sufficient to rebut the presumption of service. In our opinion there could