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35) One more point was argued by the learned counsel for the tenant by making submission that statutory notice was not served on the tenant. Substantive evidence is given by the landlord that he had sent notice both the registered post with acknowledgment due and Under Certificate of Posting and they were given on the correct address, the address where the tenant is doing business, the suit premises. To rebut the substantive evidence and the circumstances like postal remark and the receipt of the notice sent under U.C.P., the tenant has tried to say that on occasions he remains out of the shop and he goes to the shop of his brother and so possibly he did not receive the intimation of the postman. He has deposed that he did not get notice sent under certificate of posting. The District Court has held that it was necessary to examine postman to prove endorsement of postman appearing on the envelop. It needs to be mentioned that statutory notice as required under section 106 of the Transfer of Property Act was sent and the suit was filed after expiry of the statutory period mentioned in section 15 of the Act. In this regard provision of section 106(4) of the Transfer of Property Act needs to be kept in kind and it runs as under :

36) The District Court has observed that it was necessary for the landlord to examine postman to prove the endorsement on the envelope sent under the registered post like "intimation given". On this point learned counsel for the landlord placed reliance on cases reported as (1) AIR 1989 SC 630 (M/s. Madan & Co. v.

Wazir Jaivir Chand); and, (2) 2005 (2) BCJ 632 (SC) (P.T. Thomas v. Thomas Job). The observations with regard to postal intimation are at para 6 of the first case and at para 11 of the second case and they are as under :-

All that a landlord can do to comply with this provision is to post a prepaid registered letter (acknowledgement due or otherwise) containing the tenant's correct address. Once he does this and the letter is delivered to the post office, he has no control over it. It is then presumed to have been delivered to the addressee under S.27 of the General Clauses Act. Under the rules of the post office, the letter is to be delivered to the addressee or a person authorised by him. Such a person may either accept the letter or decline to accept it. In either case, there is no difficulty, for the acceptance or refusal can be treated as a service on, and receipt by, the addressee. The difficulty is where the postman calls at the address mentioned and is unable to contact the addressee or a person authorised to receive the letter. All that he can then do is to return it to the sender. The Indian Post Office Rules do not prescribe any detailed procedure regarding the delivery of such registered letters. When the postman is unable to deliver it on his first visit, the general practice is for the postman to attempt to deliver it on the next one or two days also before returning it to the sender. However, he has neither the power nor the time to make enquiries regarding the whereabouts of the addressee, he is not expected to detain the letter until the addressee chooses to return and accept it; and he is not authorised to affix the letter on the premises because of the addressee's absence.
"11. The High Court, in our view, has also misinterpreted Section 27 of the Post Office Act, 1898. The requirement of the section has been complied with in this case. The reasoning of the High Court on this issue is not correct and not in accordance with factual position. In the notice issued, the postman has made the endorsement. This presumption is correct in law. He had given notice and intimation. Nevertheless, the respondent did not receive the notice and it was returned unserved. Therefore, in our view, there is no obligation cast on the appellant to examine the postman as assumed by the High Court. The presumption under Section 114 of the Evidence Act, 1872 operates apart from that under the Post Office Act, 1898."