KUSUM LATA GARG Vs. SINGHAI RAM CHANDRA JAIN

JUDGEMENT

(1.) Heard petitioner's counsel.

(2.) This writ petition is directed against the order dated December 18. 1997, passed by the Rent Control and Eviction Officer. Jhansi, respondent No. 2, declaring the shop in question vacant.

(3.) The petitioner is the sitting tenant in the shop in question and an application was moved before the Rent Control and Eviction Officer that since the petitioner has allowed the shop in question to be occupied by one Ram Kumar Sahu who is not a member of the tenant's family, the shop has become vacant and is open for allotment or release. The petitioner filed objection before the Rent Control and Eviction Officer disputing the correctness of the allegations made in the said application. On appraisal of evidence, the respondent No. 2 in the impugned order has recorded a clear and categorical finding that the shop in question is in occupation of Ram Kumar Sahu and he is running his business therein. This finding of fact is based on appreciation of evidence and is not open for interference by this Court under Article 226 of the Constitution of India.