HARI KISHAN DASS Vs. DALJIT KAUR

JUDGEMENT

(1.) THE brief facts, giving rise to this revision petition, are that the petitioner, Harkishan Dass, landlord, filed an ejectment application before the Rent Controller on August 11, 1992, against the respondents for their ejectment from the demised premises. Their ejectment therefrom was sought inter alia on the ground that the tenants had shifted to the village and the building in question, was lying closed for about a year and, thus, they had ceased to occupy the same for continuous period of more than four months without sufficient cause. Surprisingly enough, the tenants could not be served for a long time. Written statement was filed in December, 1983. In reply the said allegation, in paragraph 2(b), the plea taken was that the allegation of the landlord that the tenants had shifted to the village and that the house, in question, was lying closed for about a year and thus they had ceased to occupy the same for continuous period of four months without sufficient cause was incorrect and baseless. The house, in question, was being used by them for residential purposes and that they were residing in the said house uptill that day. There was no occasion to say that they had ceased to occupy the same. Replication, dated January 28, 1984, was filed on behalf of the landlord and the allegations made in paragraph 2(b) of the ejectment application were reiterated. On March 23, 1984, both the counsel for the parties made the following statement :

(2.) IN view of the said statement, the Rent Controller passed the following orders on March 23, 1984, -

(3.) I have heard the learned counsel for the parties and have also gone through the case law cited at the bar.