Counsel further
argued that he had proved the dispatch of termination notice by
proving postal receipts on record and therefore a presumption
Suit No. 9488 ... failed to disclose and prove the facts
essential to raise presumption of due delivery, onus to prove that
postal receipts were forged and fabricated
dispatch of the same has been proved
by the management. The management has not proved any postal receipt or
any other document issued ... respect of the same has been
proved by the management. The management has not proved any postal
receipt or any other document issued
Court drew the presumption of
service from the postal receipts and the certificate of the
postal authorities. The observations of this Court in this regard ... receipt of such notice cannot
come to the rescue of defendant No. 2. Denial is far
outweighed by not only postal receipts proving the
dispatch
receipt of the
notice in its written statement, accompanied by an affidavit, the
burden to prove the valid service and the receipt of notice ... receipt of
such notice cannot come to the rescue of
defendant No. 2. Denial is far outweighed by not
only postal receipts proving the dispatch
Vijay Kishan, learned counselt for the plaintiff has relied upon the postal receipts vide which the said notice was dispatched at as many as three ... receipt of such notice cannot come to the rescue of defendant No. 2. Denial is far outweighed by not only postal receipts proving the dispatch
Roshni Devi on 17.09.2003. The witness proved
postal receipt Ex.R4W1/4. He deposed that the policy was
thereafter cancelled by an endorsement ... produce these documents. Copy of the notice and the postal
receipt were also proved. R4W1's testimony regarding the
cancellation of the policy
sent to the Fifth
Respondent under registered cover. The witness proved the
postal receipt as Ex.RW1-B. He deposed that despite service ... service can be raised when letter is
dispatched and a postal receipt is proved on record.
10. In C.C.Alavi Haji v. Palapetty Muhammed
denied the receipt of the said
notices. The appellant has not placed any document in support of
its contention that the postal receipts, refusal report ... receipt
of such notice cannot come to the rescue of
defendant No. 2. Denial is far outweighed by not
only postal receipts proving the dispatch
acknowledgment, which bears the
seal of the office of the Collector proving receipt, is available on
record.
15) There is another notice available on record ... plaintiff's counsel on 21-5-
2007 together with the postal receipt proving dispatch by
Registered Post and the acknowledgment of receipt of notice
receipt of such notice cannot come
to the rescue of defendant no.2. Denial is far outweighed by
not only postal receipts proving the dispatch ... valid postal receipts coupled with the delivery report dated
17.12.2007 and shall be taken to be admitted. The tenancy
is proved to be terminated
