SHAKUNTLA BAWA Vs. RAM PARKASH AND ORS.

JUDGEMENT

(1.) THIS is a revision petition filed by a tenant whose ejectment has been ordered by the Appellate Authority after the Rent Controller had dismissed the landlord's application.

(2.) THE landlord's petition was filed on the 3rd of May, 1961, for the ejectment of the tenant Shrimati Shakuntla Devi, on the ground contained in Section 13(2) (v) of the East Punjab Urban Rent Restriction Act, 1949, which reads -

(3.) THE facts which appear to be established by the evidence are that the tenant had undoubtedly gone to Delhi and was staying there, the only evidence of her occupation of the house being that she occasionally came to Hissar and stayed for a day or two, mostly after the institution of this case and for the purpose of attending Court, and that even when she came to Hissar, although she may have stayed in the house after a fashion, she never slept there, but always used to sleep at the house of the Superintendent of Jail, who was apparently a friend of her or her late husband's. There had been a previous petition by the land lord for her ejectment on the ground of subletting, but she was saved from ejectment in that case because the alleged sub -tenant, a serving officer, was transferred elsewhere from Hissar. It was proved from the evidence of a clerk in the Electricity Department that there had been no consumption of electric current whatever in the premises in suit from the period from June, 1960 to September, 1961. It was, however, proved that she still had some furniture lying in the house although all her valuables were being kept by Thakur Abhey Singh, a neighbour.