( 1 ) WANTED a decree of eviction ? Get an endorsement of refusal on the registered postal envelope containing notice of demand of arrears of rent and the tenant will be evicted. Is this the position of law or will it be open to a tenant to rebut the presumptions of delivery of notice and or knowledge about the contents of notice arising against him on account of the endorsement of refused on the registered envelope ? This question has surfaced for decision in the background of the facts that follow.

( 2 ) THE petitioner-original defendant of Regular Civil Suit No. 8 of 1976 of the Court of Civil Judge (JD) Bhanvad-Jamjodhpur has preferred this revision application. An ejectment suit was filed by the respondent-plaintiff inter alia on the ground that the defendant-tenant was in arrears of rent for a period of more than six months and that despite notice of demand he had not paid the arrears of rent. Therefore according to the plaintiff defendant-tenant being not ready and willing to pay the rent was liable to be evicted from the suit premises. The suit premises consist of one room osri kitchen and an open fali and the same is situated in village Bhanvad in Jamnagar