Coming to the issue regarding the alleged non-service of notice under Section 106 of the Act on the appellant, a bare look at the Exhibit-6, which is an undelivered Registered A/D envelop sent to the appellant reveals that the same was sent by the counsel for the plaintiff to the appellant. The appellant in his statement admitted that the address indicated on the envelop was correct. The envelop clearly bears the endorsement made by the postman regarding refusal to receive the article. It is well settled that a notice sent under Section 106 of the Act, if refused by the tenant, the same is a sufficient service of the notice.
Hon'ble Supreme Court in Puwada Venketeswara Rao v. Chidamana Venkata Ramana : AIR 1976 SC 869, observed that
"8. There is presumption of service of a letter sent under registered cover, if the same is returned back with a postal endorsement that the addressee refused to accept the same. No doubt the presumption is rebuttable and it is open to the party concerned to place evidence before the Court to rebut the presumption by showing that the address mentioned on the cover was incorrect or that the postal authorities never tendered the registered letter to him or that there was no occasion for him to refuse the same. The burden to rebut the presumption lies on the Party, challenging the factum of service. In the instant case the respondent failed to discharge this burden as he failed to place material before the Court to show that the endorsement made by the postal authorities was wrong and incorrect. Mere denial made by the respondent in the circumstances of the case was not sufficient to rebut the presumption relating to service of the registered cover.
We are, therefore, of the opinion that the letter dated 24-4-1974 was served on the respondent and he refused to accept the same. Consequently, the service was complete and the view taken by the High Court is incorrect."