HARI CHAND Vs. RAJENDER KUMAR JAIN

JUDGEMENT

(1.) THIS order be read in continuation of my earlier order dated 15th November, 1983 vide which a report was sent for from the Rent Controller after allowing the necessary amendments in the eviction application. The main ground of ejectment was that the tenant has failed to occupy the demised premises for a continuous period of four months before the filing of the ejectment application without any sufficient cause. The Rent Controller has submitted his report dated 29th August, 1984. It has been found thereunder that the tenant has ceased to occupy the demised premises without any reasonable cause.

(2.) HOWEVER , the learned counsel for the tenant (petitioner) has submitted that the said report was wrong as the entire evidence led by the parties has not been discussed. Moreover, according to the learned counsel, the Rent Controller has misread the evidence. Particularly, he referred to the statement of A.W.5 Faqir Chand.

(3.) NOT only that, it is admitted case that the shop adjacent to the shop in dispute is occupied by the son of the tenant. That shop also belongs to the present landlords. The tenant being an old man and unable to carry on the business at his own shop, sit with his son. It is under these circumstances that it has been found that the tenant has ceased to occupy the shop in dispute without any sufficient cause.