( 1 ) THIS appeal was admitted only on the ground that whether the suit for eviction can succeed on the basis of the second notice after service of the first notice since admitted to have been received by the tenant and replied to. Appellant's submission:

( 2 ) MR. Chatterjee, the learned counsel for the appellant, in support of his contention divides this point into two limbs. The first one is that the second notice was addressed to the tenant in the suit premises. This notice returned with the postal endorsement ?not claimed?. The learned Courts below concurrently found that this was a valid service. According to Mr. Chatterjee, the endorsement ?not claimed? can be accepted as valid service only in certain cases. One such instance is that where the tenant is residing in the premises and the notice was tendered several times and then it was returned with the endorsement ?not claimed?, in such a case it can be treated to be a valid service. In this case, as pointed out by Mr. Chatterjee, the tenant was admittedly residing at a premises other than the suit premises and this fact was known to the plaintiff. The plaintiff had addressed the first notice at the said addr