Tenancy termination by notice: deemed service, postal presumption, and affixture can satisfy statutory service requirements.

A tenancy may be terminated by written notice sent by post, tendered or delivered personally, or, where personal tender or delivery is impracticable, by affixture to a conspicuous part of the property. Properly addressed and prepaid registered post attracts deemed service under Section 27 of the Mysore General Clauses Act, 1899, and postal dispatch may also support a presumption under Section 114(f) of the Indian Evidence Act, 1872. Repeated return of the registered notices, earlier unsuccessful service attempts, and a certificate of posting supported due service. On the stated facts, personal service was impracticable and affixture was sufficient, so the notice of termination was valid and duly served.

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Issues: Whether the tenancy was validly terminated and whether service of the notice of termination was duly effected by registered post, certificate of posting, or affixture on the premises under the applicable law.

Analysis: Section 106 of the Transfer of Property Act permits termination of tenancy by written notice sent by post, tendered or delivered personally, or, where such tender or delivery is not practicable, affixed to a conspicuous part of the property. The repeated return of the registered notices, the earlier unsuccessful attempts to serve the tenant, and the certificate of posting supported a presumption of due service. Section 27 of the Mysore General Clauses Act, 1899 raised a deemed-service presumption for properly addressed and prepaid registered post, and the presumption under Section 114(f) of the Indian Evidence Act, 1872 also supported delivery where the notice was sent by post. On the facts, personal service was treated as impracticable, and affixture on the premises was held to be sufficient.

Conclusion: The notice of termination was valid and duly served; the tenant's objection failed.

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