Registered notice refusal can create a rebuttable presumption of service, tender, and knowledge of contents in rent disputes.

A properly prepaid and correctly addressed registered notice gives rise to a rebuttable presumption of service under the general law. If the returned envelope bears an endorsement of refusal, the court may also presume tender and refusal even without examining the postal peon, subject to rebuttal by evidence. In Rent Act proceedings, that presumption can extend to knowledge of the landlord's demand for arrears, because the statutory protection does not displace the ordinary rules on service by registered post. Refusal of the notice may therefore be treated as knowledge of its contents unless the tenant rebuts the presumption.

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Issues: (i) Whether the endorsement of "refused" on a returned registered envelope, without examining the postal peon, is sufficient to raise a presumption that the addressee refused delivery of the letter. (ii) Whether, in proceedings under the Rent Act, a tenant who refuses a registered notice can be treated as having knowledge of the landlord's demand for arrears of rent.

Issue (i): Whether the endorsement of "refused" on a returned registered envelope, without examining the postal peon, is sufficient to raise a presumption that the addressee refused delivery of the letter.

Analysis: On proof that a letter was prepaid, properly addressed and sent by registered post, a presumption arises that it reached the addressee in the ordinary course of post. That presumption under the general clauses law is rebuttable. A returned unopened envelope with an endorsement of refusal does not by itself destroy the presumption; rather, the Court may also rely on the endorsement and the ordinary course of postal business to presume tender and refusal. The endorsement may support a presumption under the evidence law that the postal act was regularly performed, even if the postman is not examined, though the addressee may rebut the presumption by evidence.

Conclusion: Yes. A rebuttable presumption that the addressee refused delivery can be raised on the basis of the endorsement of refusal, even without examining the postal peon.

Issue (ii): Whether, in proceedings under the Rent Act, a tenant who refuses a registered notice can be treated as having knowledge of the landlord's demand for arrears of rent.

Analysis: The notice contemplated by the Rent Act must be served in the manner prescribed by the transfer of property law, and once a notice is properly posted by registered post the presumption of service operates. Where the envelope bears an endorsement of refusal, the Court may further presume that the notice was tendered and that the addressee knew its contents. The special protection under the Rent Act does not displace these presumptions.

Conclusion: Yes. In such a case the tenant may be treated as having knowledge of the contents of the notice and of the landlord's demand.

Final Conclusion: The reference was answered in favour of the landlord, the tenant's objections to service and knowledge were rejected, and the revision application was left to be finally disposed of in accordance with law on remand.

Ratio Decidendi: A properly addressed and prepaid registered notice raises a rebuttable presumption of service, and an endorsement of refusal on the returned envelope may support a further presumption of tender, refusal, and knowledge of contents, unless rebutted by evidence.

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