applicant/defendant no.4 has argued
that one endorsement of refusal of the postman should not be taken as a
correct basis for proceeding ... learned Single Judge of this Court has held
the endorsement of refusal of postman not to be believable on account of the
two conflicting endorsements
eviction order on the basis of a report of the postman that he had refused to
accept the postal article containing the summons cannot plead ... decision of the learned Additional Rent Controller in accepting the postman‟s
report of refusal by the petitioner - tenant to accept the summons sent
respondent/petitioner to prove that the postal article was
refused by examining the postman and in any case, the testimony of the
appellant/respondent would ... 2017 Page 6 of 8
remarks of "refused", unless the postman was examined.
16. In the present case, it is the appellant/respondent
money order coupons did not contain the report of refusal of the postman. The application for additional evidence was moved by the appellants under ... refused to be taken by the respondent and none of the money orders bore the endorsement to refusal in the hand of the postman. Consequently
postman is that at the site of the petitioner "information given". But on
11th April, 2012 the report of refusal is mentioned. Thus ... expressed doubts with respect to giving of the report of refusal by the
postman. It is in the aforesaid facts found in the case
landlord to establish actual tender and refusal to accept delivery inter alia by producing the postman concerned. Section 114 of the Indian Evidence ... appellant entered the witness box and denied that there was any refusal, the postman ought to have been examined. In my considered view, the distinguishing
Whether the applicant/defendant No.4 did not refuse to
accept process when tendered by the postman on
29.05.2009."
FAO(OS) 108/2016 Page ... sender to establish
the actual "tender and refusal" by producing the postman concerned.
24. Mr Pravin Kumar, learned advocate appearing for the
plaintiff
sent) merely contains an endorsement of the postman as "refused'' dated 3rd August, 1968. It was submitted that it is not sufficient ... notice. There is a presumption in favor of the 'endorsement "refusal" to be correct. The burden was on the tenant who disputed
present case, the report of the postman that the addressee had refused to accept the notice was not verified. The Competent authority did not make ... finds that either the tenant had not refused to accept service or that the postman had not used due and reasonable diligence to find
deposed that no notice was brought to him by any postman, nor did he refuse any registered letter and, in such a case ... registered cover is returned by the postman with the endorsement that the addressee refused to receive it and the pasting of notice has been proved
