Mr. A is the owner of a residential house and Mr. B is his tenant. Due to continuous default in payment of rent, Mr. A decides to terminate the…

CA Intermediate · Corporate and Other Laws · PYQS · May 2026
Mr. A is the owner of a residential house and Mr. B is his tenant. Due to continuous default in payment of rent, Mr. A decides to terminate the tenancy. Mr. A sends a notice of termination to Mr. B by registered post at Mr. B's correct residential address. The postal article is returned to Mr. A with the endorsement "Refused by addressee". Mr. B later challenges the eviction proceedings on the ground that he never received nor read the contents of the notice and therefore the termination of tenancy is invalid. The Central Regulation made in 2018 prohibits the establishment of any chemical factory within 500 metres of a protected wildlife sanctuary. Mr. A applies for permission to set up a chemical factory near the sanctuary. The distance between the factory site and the sanctuary boundary is 520 metres if measured along the road. The authority rejects Mr. A's application, stating that the factory is within the prohibited distance. Mr. A challenges the decision. Based on the above facts answer the following (Question No. 14 and 15):
(A) The notice is invalid since actual physical delivery to the tenant did not take place.
(B) The notice is valid, as refusal to accept a registered notice amounts to deemed service.
(C) The notice is invalid unless the landlord sends a second notice through ordinary post.
(D) The notice is invalid unless the landlord proves that the tenant actually read the notice under the principles of natural justice.

Suggested Answer and Working Notes:

Correct Answer: Option (B)

The notice is valid, as refusal to accept a registered notice amounts to deemed service.

Topics: The Foreign Exchange Management Act, 1999, The General Clauses Act, 1897

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