( 1 ) RESPONDENTS-PLAINTIFFS filed a suit against the appellants for their ejectment, arrears of rent and mesne profit. The suit was filed, on the allegation that the defendants were wilful defaulters and a combined notice of demand and termination of tenancy has been given and their tenancy stands terminated.

( 2 ) BESIDES other pleas the defendants maintained that any notice was not served upon them so neither they are defaulters nor their tenancy stands terminated. It would appear that a registered notice was sent addressed separately to defendant No. 1, the mother as well as defendant No. 2, the son who were co-tenants at Varanasi address on 4-8-1970. On the two notices there is an endorsement of the postman dated 8-8-1970 that the addressee refused to accept the notice, and the service was claimed by denial. The stand of the defendants was that defendant No. 2 who is employed in Government Cement Factory Dala, District Mirzapur and ordinarily resides there, had to perform Mundan ceremony of his son at Vindhyachal Mirzapur, so he sent a letter to his mother to come to Mirzapur by 6-8-1970 evening and they both would proceed for such. Mundan on 7-8-1970 and they