https://www.taxtmi.com/caselaws?id=305089 Service of rent demand notice is a condition precedent to eviction for default under rent control law. A postal cover returned with the endorsement "not claimed" is not equivalent to "refused" and does not, by itself, justify a presumption of due service. The presumptions under the Transfer of Property Act, the General Clauses Act and the Evidence Act are rebuttable, and where the tenant on oath denies receipt and that denial remains unshaken in cross-examination, the presumption stands rebutted unless the landlord proves actual service by further evidence. The same position applies to notices sent under certificate of posting, which only shows dispatch, not delivery. The notices were not proved duly served, and the appellate court's finding was upheld. en-us Tue, 30 Jan 2001 00:00:00 +0530 Tue, 15 Nov 2022 17:53:40 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=305089 Service of rent demand notice is a condition precedent to eviction for default under rent control law. A postal cover returned with the endorsement "not claimed" is not equivalent to "refused" and does not, by itself, justify a presumption of due service. The presumptions under the Transfer of Property Act, the General Clauses Act and the Evidence Act are rebuttable, and where the tenant on oath denies receipt and that denial remains unshaken in cross-examination, the presumption stands rebutted unless the landlord proves actual service by further evidence. The same position applies to notices sent under certificate of posting, which only shows dispatch, not delivery. The notices were not proved duly served, and the appellate court's finding was upheld. Case-Laws Indian Laws Tue, 30 Jan 2001 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=305089