A. D. DESAI, B. J. DIVAN, D. P. DESAI, J.

( 1 ) RELEVANT facts to state briefly are that the petitioner is the landlord of the first opponent in respect of a residential premises. The petitioner gave a notice dated March 1 1965 through his lawyer to the said opponent of eviction and demanding arrears of rent by registered post with an acknowledgment due. The envelope in which the notice demanding possession and arrears of rent was sent is produced in the suit subsequently filed by the petitioner against the opponents to recover possession and arrears of rent. The possession of the suit premises was sought on various grounds including that of arrears of rent. The envelope produced in the case shows that there is an endorsement of not found which is dated March 3 1965 There is another endorsement of refused dated March 5 1965 On the other side of the envelop there are two cross lines across the name of the addressee tenant and between these two cross lines endorsement refused is noted which bears the date of March 4 1965 The envelope with the endorsements thereon is exhibited in the case and bears Ex. 43. The tenant had also filed an application for fixation of standard rent in respec

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