SHYAM LAL Vs. RAM AUTAR GUPTA

JUDGEMENT

(1.) Learned Counsel for the petitioner Mr. Pritam Saini has vehemently argued that the lower Appellate Court has arbitrarily reversed the well reasond finding recorded by the Rent Controller. It is submitted that the Rent Controller had dismissed the petition for eviction on the ground that the landlord has failed to show that the tenant had ceased to occupy the premises for a continuous period of four months prior to the filing of the petition. This finding was recorded on the basis that the landlord had only produced the evidence to the effect that the electricity connection had been disconnected in 1994. I am unable to accept the submission made by the learned Counsel. A perusal of the findings returned by the lower Appellate Court shows that there was evidence of the Local Commissioner. In this report, he has clearly stated that at the time of the visit, the shop was found locked and closed. The lock of one side at the bottom of the shutter was visible while the other end side was found covered by about one feet earth. The entire shutter was rusted and deep layer of dust was visible on whole of the shutter and webs existed on it. It has been further stated that disconnected electric supply, wire was found hanging naked near the shutter. This wire was not connected with Electric Power Supply line nearby. Thereafter the learned Appellate Court has also relied on the oral evidence of the witnesses of the landlord. Therefore, it cannot be said that the only evidence produced by the landlord was to the effect that the electricity supply had been disconnected. I find no reason to interfere with the finding of facts recorded by the lower Appellate Court. The judgment does not suffer from any material irregularity. Furthermore, no manifest injustice has been done to the petitioner. Dismissed.