JUDGMENT - Dr. B. P. SARAF, J.:--The petitioner is a tenant of a premises owned by the respondent. The respondent had filed a suit against the petitioner for recovery of rent and possession of the premises. The suit was dismissed by the Joint Civil Judge, Junior Division, Nasik on the ground that the statutory notice under section 12(2) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 ("Act") had not been served on the petitioner (tenant). It may be mentioned at this stage that the notice in question had been sent by the respondent-landlord by registered post which was received back by him with the postal endorsement "refused". According to the landlord, the return of the notice with the above endorsement amounted to deemed service of the notice. The tenant (petitioner herein) denied on oath the correctness of the endorsement. According to her on the material date viz., 11th September, 1974, when she is alleged to have refused to accept the registered letter, she was not even in Nasik. She had left for her maternal uncles place on 2nd September, 1974 for Shaban and had stayed there for two months. It was contended that in such circumstances, the questi

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