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Showing contexts for: intimation unclaimed in Smt. Usha Lungani vs Smt. Anjali Sharma on 14 May, 2010Matching Fragments
(c) It is admitted position of fact that the rent agreement was unregistered agreement thus in view of the settled law the tenancy of the defendant is to be treated month to month tenancy which can be terminated by the service of fifteen days notice. It is stated that tenancy of the defendant has been terminated by service of legal notice ex. PW1/3. This legal notice was sent at defendant's three addresses by registered post and UPC. The postals receipts are ex. PW1/6 and ex. PW1/7. PW1 deposed that the legal notice issued by registered post received back with the report of 'unclaimed'/Intimation delivered. The notice sent by UPC has been served as same was not received back. Defendant has denied the service of legal notice, however she has not denied the 69 Original Suit No.354/07 New Suit No.22/07 correctness of the addresses mentioned on the legal notice. Thus it is clear that the legal notice was issued to the defendant at her all three correct addresses. Ld. counsel for plaintiff submitted that the notice sent through UPC should be presumed to be served as the same is sent at correct address. In support of his contention he has cited following case laws: i. 1973 RLR (Note) 17 ii. 1997 III AD Delhi 989 iii. 2005 (2) ACJ 452 SC iv. AIR 1989 SC 630 v. 1991 RLR 463