( 1 ) THIS second appeal by a tenant against the appellate order of the Rent Control Tribunal setting aside an order of the Addl Rent Controller dismissing the landlord s application for the ejectment of the tenant on the ground of want of notice raises an interesting question relating as to the presumption of fact and of law with regard to service of notice by post.

( 2 ). The facts leading to the present appeal, in so as they are relevant may be briefly stated. The landlord sought the eviction of the tenant on various grounds which was resisted, inter alia, on the ground that the petition for eviction was liable to be dismissed for want of notice of termination of the tenancy as required under section 106 of the Transfer of Property Act. The plea of want of notice was converted on behalf of the landlord and at the trial of petition, the landlord proved the postal cover duly addressed to the tenant but returned by the postal authories with the endorsement "refused" and stated on oath that the notice was sent to the tenant under the postal cover which was returned with the aforesaid endorsement. On the other hand the tenant stated on oath that he never received the n