Case: Kulkarni Patterns Pvt. Ltd Vs. Shri Vasant Raburao Ashtekar

a letter sent by registered post can be rebutted by the addressee by appearing as witness and stating that he never received such letter. If the acknowledgment due receipt contains the signatures of the addressee himself and the addressee as a witness states that he never received such letter and the acknowledgment due does not bear his signature and such statement of the addressee is believed then it would be a sufficient rebuttal of the presumption drawn against him. The burden would then shift on the plaintiff who wants to rely on such presumption to satisfy the Court by leading oral or documentary evidence to prove the service of such letter on the addressee. This rebuttal by the defendant of the presumption drawn against him would of course depend on the veracity of his statement. The Court in the facts and circumstances of a case may not consider such denial Exhibit 51. It was thus contended that the by the defendant as truthful and in that case such denial alone would not be sufficient. But if there is nothing to disbelieve the statement of the defendant then it would be sufficient rebuttal of the presumption of service of such letter or notice sent to him by registered post." In the present case the plaintiffs had sent a copy of the notice to all the three defendants by registered post. Three postal receipts Exhibits 52, 53 and 54 have been filed in the present case and Exhibit 51, one acknowledgment receipt. As regards Exhibit 51, the defendant No. 2 has appeared in the witness box and has denied his signatures. However, it has not been shown that this acknowledgment receipt was related to which of the three notices sent vide postal receipts Exhibits 52, 53 and 54. The plaintiffs have clearly proved that three notices were sent by registered post and which is clearly borne out from the three postal receipts. Admittedly the premises were taken on rent in the name of the defendant No. 1 namely Kulkarni Patterns Pvt. Ltd. and it is proved that one of the notices by registered post was also sent to the company. It has been admitted by the defendant No. 2 in his statement that the notice was sent on the correct address. The defendant No. 2 in his statement has nowhere stated that no notice had been received by the company. The only denial is in respect of the acknowledgment receipt Exhibit 51 and the only inference which could legitimately be drawn is that in respect of one notice, it was not proved as to who acknowledged the receipt of the notice. We do not approve the following statement of law made by the learned Additional District Judge "that the evidence of the defendant did not show any extraordinary happenings or the events which prevented the following of usual course of business and thus his mere denial has no value." However, in the present case three notices were sent by registered post and one of which was sent in the name of the defendant-company who was the tenant, a presumption can legitimately be drawn that the notice dated 7-8-1980 had been served on the company. There is no rebuttal on behalf of the defendant as regards the notice served on the company and in the facts and circumstances of the present case we hold that notice dated 7-8-1980 sent by registered post was served on the defendant-company. In Green View Radio Service (supra) it was held that the acknowledgment due receipt contained the signature of the addressee himself and the addressee as a witness stated that he never received such letter and the acknowledgment due did not bear his signature and such statement of the addressee if believed then it would be a sufficient rebuttal of the presumption drawn against him. The burden will then shift on the plaintiff who wants to rely on such presumption to satisfy the Court by leading oral or documentary evidence to prove the service of such letter on the addressee. Even applying this statement of law in the facts of the present case, the rebuttal, if any, made by defendant No. 2 can be related only with regard to Exhibit 51 for one notice but not with regard to all the three notices sent by registered post vide Exhibits 52 to 54. Thus, in the facts of the case in hand before us we are fully convinced that the service of notice shall have to be presumed so far as defendant company is concerned and there is no rebuttal to such presumption by the defendant-appeal]ants.7. The requirement of sending notice under S. 12(2) of the Act is to be done in the manner prescribed under paragraph two of S. 106 of the Transfer of Property Act which reads as under: "Every notice under this section must be in writing signed by or on behalf of the person giving it and either be sent by post to the party who is intended to be bound by it or be cndered or delivered personally to such party, or to one of his family or servants, at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of the property." The reading of the above provision clearly shows that the notice can be sent by post to the party who is intended to be bound by it. Thus, the notice sent by registered post in the name of the defendant-company who is. the tenant is fully in accordance with the requirement of S. 106 of the Transfer of Property Act.8. So far as the finding recorded by the learned Additional District Judge that the defendants were defaulter in the payment of @page-SC1100 rent and full amount of rent was not paid or deposited on the first date of hearing and no rent was paid month by month during the pendency of the appeal could not be assailed by the learned counsel for the appellants.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]In Green View Radio Service (supra) it was held that the acknowledgment due receipt contained the signature of the addressee himself and the addressee as a witness stated that he never received such letter and the acknowledgment due did not bear his signature and such statement of the addressee if believed then it would be a sufficient rebuttal of the presumption drawn against him. The burden will then shift on the plaintiff who wants to rely on such presumption to satisfy the Court by leading oral or documentary evidence to prove the service of such letter on the addressee. Even applying this statement of law in the facts of the present case, the rebuttal, if any, made by defendant No. 2 can be related only with regard to Exhibit 51 for one notice but not with regard to all the three notices sent by registered post vide Exhibits 52 to 54. Thus, in the facts of the case in hand before us we are fully convinced that the service of notice shall have to be presumed so far as defendant company is concerned and there is no rebuttal to such presumption by the defendant-appeal]ants.7. The requirement of sending notice under S. 12(2) of the Act is to be done in the manner prescribed under paragraph two of S. 106 of the Transfer of Property Act which reads asnotice under this section must be in writing signed by or on behalf of the person giving it and either be sent by post to the party who is intended to be bound by it or be cndered or delivered personally to such party, or to one of his family or servants, at his residence, or (if such tender or delivery is not practicable) affixed to a conspicuous part of thereading of the above provision clearly shows that the notice can be sent by post to the party who is intended to be bound by it. Thus, the notice sent by registered post in the name of the defendant-company who is. the tenant is fully in accordance with the requirement of S. 106 of the Transfer of Property Act.8. So far as the finding recorded by the learned Additional District Judge that the defendants were defaulter in the payment of @page-SC1100 rent and full amount of rent was not paid or deposited on the first date of hearing and no rent was paid month by month during the pendency of the appeal could not be assailed by the learned counsel for the appellants.