B.N.Sapru, J. - (1.) This is a plaintiffs appeal arising out of a suit for ejectment.
(2.) One Qudratullah was admittedly the tenant of the accommodation in dispute. The plaintiff, who was the landlord, served on Qudratullah a composite notice dated 14-8-1968 requiring him to pay the arrears of rent, and also terminated his tenancy. It has been found that Qudratullah owed more than thirty months rent on the date of the issue of the notice dated 14-8-1968. It has also been found that Qudratullah or his heirs did not pay the arrears of rent within the time prescribed by law under Section 3 (1) (a) of the U. P. (Temporary) Control of Rent and Eviction Act.
(3.) According to the plaintiff the notice was served on Qudratullah on 15-2-1968. However, it appears that the notice was not personally served and was deemed to have been served, as the plaintiff proved that the registered letter with the correct address of Qudratullah was sent to him by registered post. The finding of the lower appellate court is that Qudratullah must have been served with the notice dated 14-8-1968.;