Proof and procedure

Ejectment application was initially dismissed by Rent Controller, the Appellate Court allowed appeal of landlord and consequently accepted ejectment application on account of default in payment of rent

Contention of the petitioner (tenant) was that he regularly paid rent through money order and also produced receipt of money order in his evidence and as such he did not committed any default in payment of rent

Validity

Where payment of rent by money order was disputed, it was proper to examine postal authorities to establish remittance, delivery and acceptance or refusal of such amount

Procedure prevalent for remitting money order required that money order should be tendered with a form by the postman and if it was accepted, a receipt was given by the payee and if it was refused, same was returned to the remitter with an endorsement of refusal and in case of acceptance receipt would be delivered to remitter

Mere receipt of remittance of money order, photocopy of which was filed by tenant, could not be created as an authentic document to prove that money order was remitted

Constitutional petition was dismissed.