( 1 ) THIS appeal under Clause 15 of the Letters Patent against the decision of Renupada Mukherjee J. , dismissing a second" appeal to this Court against a decree for ejectment raises the question whether when the letter containing a notice to quit has been proved to have been properly addressed, prepaid and posted by registered post and the original cover containing the notice which is Put in evidence is found to have the word, "refused", written on it, the Court is entitled to hold, without the postal peon being examined to prove the fact of refusal by the addressee, that Proper service has been effected. All the Courts below have held that proper service was effected. It appears that in the trial Court and in the court of first appeal certain other endorsements appearing on the covers were taken into consideration. Renupada Mukherjee J. held that those other endorsements should not have been admitted in evidence or looked into by the Courts below without the authors thereof being examined in Court. He held, however, that the Court was entitled to take into consideration the endorsement "refused" as appearing on the covers without the postal peon being examin