SITA RAM TALWAR Vs. JAI DEV SHARMA

JUDGEMENT

(1.) This is tenant's second.appeal against the order of the Rent controller as affirmed by the Rent Control Tribunal ordering the eviction of the appellant.

(2.) An eviction application was brought on the ground of clause (d) of proviso to Section 14 (1) namely that the tenant had not resided in the premises for a period of six months immediately before the day of filing of the eviction petition. The appellant is a, tenant in the premises since 1942. It appears that some time in 1969 an eviction petition had been brought .against the appellant, which I am told is still pending We are however not c.oncerned with that in these proceedings. This application was filed on 17.7.1973, on the allegation that for the last six months neither the appellant nor-his members of the family resized in the. premisesin dispute. Both the Rent Control and the Rent Control Tribunal have found in favour of the respondent landlord and have passed an order for eviction. The appellant being aggrieved has filed this appeal.

(3.) It is a common case that the appellant along with his wife are the only members of the family who are residing in the premises in dispute. Though the appellant has three sons in Delhi they are living independently Agra. In separate premuses One of the sons.of the appellant is residing in Agra. Though various objections, were taken in the reply the main question argued before the Rent Controller was with regard to the ground (d) namely that the appellant-has; not resided in the premises six months prior to the day of the filing of the eviction application. Another objection taken was that no notice has been served before the filing of the eviction petition in 1973 and therefore the proceedings were not maintainable. The courts below in arriving at a conclusion that the premises have not been occupied by the appellant have relied on the fact that the meter 'reading of the electricity consumed from November, 1972 to July, 1973, remained constant at a figure of 150. Evidence was produced from DESU which is also supported by the documents EX AW 5/3 to 8 which show that the consumption of the electricity is constant at9150 from 14.11.1972 to 23.7.1973. A W 5 and A W 6 whoare employed in the DESU have brought these documents and stated that, the consumption figures are also the same as per the meter register and ledger. The case of the appellant was that sometime in March 1973, he received a bill for consumption of electricity for over 1000 units and he had also taken up the matter with the DESU for correcting the same. Suggestion obviously was that this would show that the appellant was in occupation of the premises in dispute. In support of that Public Witness Public Witness 5/2, afetter from DESU addressed to the respondent dated 15.5.1974 was referred by the counsel for the appellant. Mr. Seth has made much of the fact that the letter was written by the Sons and not by the appellant. I do not find that of any consequence. But a reference to that letter Ex. AW 5/2 does not advance the case of the appellant. All that this shows is that a provisional bill of 1000 unit was issued and the same was latter on revised on the basis of the report received from the area meter inspector as the meter was said to be working alright. The provisional was thus corrected, and the meter remained constant. Counsel for the appellant has urged that this constant reading was a result of the manipulation at the instance of the respondent with DESU. Now it is a serious matter to hold any manipulation against a public official in the discharge of his duty. Unless there was unimpeachable evidence this bald allegation cannot be accepted. In the present case I find that the accusition of the manipulation by DESU was not even alleged in the pleading. Not only that when the witnesses from DESU appeared in support of the bill which showed the constant reading at 91 SO no suggestion was put to them that there were also bills. The argument which seeks to discredit the testimony thus cannot be accepted. The consequence of the constant reading at 9150 is apparent from the fact that the consumption of 10 units monthly at the minimum is admitted by the appellant. As a matter of fact AW 3/1 after July 1973 shows that there was a consumption of 14 units in that month. This was a very strong circumstance on which the courts below have come to the conclusion of fact that the appellant was not residing in the premises prior to 6 months of eviction application.