therefore they have not refused to accept
the same and if there is any report of refusal given by the postman then same is
false ... that they have not
refused to accept the same and if there is any report of refusal given by the
postman on registered envelop then
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
contents of the legal notice. The opposite party averred that the Postman
refused to deliver the notice as the Manager did not have Mandapam seal
same was returned with the remarks of the postman refused. Later on the matter of SF-5 was published in the local newspaper Dainik Ujala
neither unusual nor unknown that endorsement
of refusal can be got made through postman either without proper
care or sometimes deliberately.
5. Learned counsel ... landlord
to establish actual tender and refusal to accept the delivery
inter alia by producing the postman concerned."
9. Learned counsel for the appellant
parte decree on submission that she has
never refused to accept notice and the Postman has made
wrong endorsement of her refusal and thus ... would submit that
once an endorsement has been made by the Postman
regarding refusal of the noticee to accept the postal
material containing the summons
residential address received back with the
endorsement of Postman as "refusal" dt.28.07.2011, while the summons
issued through registered post
been obtained by fraud and collusion with the
postman etc., to get the report of refusal and on the ground that she
had not been ... refusal of the respondent to take the
summons. Subsequently, the registered post was also not received by
her as she refused it. It was only
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 ... 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
residential address but it was returned back as not claimed. Thereafter, the Postman delivered a notice at the residence of the applicant requesting ... with an endorsement that the applicant had refused to take the registered post. Report of Head Postman dated 7.10.94 was also enclosed , saying that
