The presumption of service arising from sending a notice by registered post is rebuttable and can be discharged by the addressee by leading evidence to show that the notice was not received.

JUDGMENT- The only point involved in this revision is as to whether the tenancy of the petitioner (Original defendant) has been properly terminated.

2. The plaintiff filed civil suit No. 2461/1975 in the Small Causes Court, Nagpur, to recover possession of a house property with an allegation that by a notice dated May 20, 1975, the defendant's tenancy has been terminated by the end of the tenancy month of June 1975. The learned Small Causes Court, after recording the evidence that was led before it, came to the conclusion that the tenancy has been terminated. Consequently, decree for possession has been passed and the defendant has come in revision.

3. The contention of the defendant is that his tenancy has not at all been terminated and, as such, the plaintiff cannot claim possession of the rented premises. At the stage of this revision petition, there cannot be any controversy that the plaintiff sent a notice dated May 20, 1975 to the defendant by registered post. Ex. 17 is a copy of the notice and Ex. 18 is a receipt which the plaintiff obtained when he registered that notice. However, the acknowledgment signed by the defendant has not been produced. The defendant has, in his written statement, denied of having received any such notice. The plaintiff in his testimony has stated that he had received an acknowledgment from the post office but it was lost. He has also stated that the said acknowledgment was signed by the wife of the defendant. It appears that the wife of the defendant had gone on extensive tour of Southern India. The tour was conducted by Prasad Travels .and it went on from May 16 to June I, 1975. The defendant has led evidence in that respect. He has also examined his wife, and the learned Small Causes Court has -come to the conclusion that the wife of the defendant was not at Nagpur between May 16 to June 1, 1975. Similarly, he has accepted the evidence of the defendant's wife that she had not received the notice and had not signed the acknowledgment.

4. Mr. Pendsey for the petitioner submitted that in view of the above mentioned findings of facts, the learned trial Judge should not have come to the conclusion that the tenancy of the defendant has been terminated. The Small Causes Court has observed that the defendant has not entered the witness-box to prove that he did not receive the notice and that in the absence of such an evidence, the plaintiff would be entitled to rely upon the presumption that the notice duly sent by him to the defendant must have been received by the defendant.

5. Under section 106 of the Transfer of Property Act, a provision is made as to how a notice terminating the tenancy has to be issued. The relevant portion of that section reads as follows :-

"Every notice under this section must be in writing, signed by or on behalf of the person giving it, and either be sent by post to the party who is intended to be bound by it or be tendered or delivered personally to such party, or to one of his family or servants at his residence, or if such tender or delivery is not practicable affixed to a conspicuous part of the property:”

Mr. Somalwar for the respondent relies upon the above mentioned italic words for the purpose of contending that what is needed of the landlord is that he should send the notice by post to the party who is intended to be bound by it and as soon as this is done, the notice shall be treated as properly served or given. He vaguely suggested that an irrebuttable presumption would be in favour of the plaintiff whenever such a notice is sent by post. According to him, the question as to whether the notice was actually delivered to the addressee or not would not be relevant. I do not think that the provision of a notice can be construed in such a manner. It has to be remembered that the above mentioned italic words were added by the amending Act of 1929. Prior to that amendment, it was necessary that the notice should be tendered or delivered to the addressee. However, the

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