MADAN LAL Vs. RAJINDER KUMAR

JUDGEMENT

(1.) This is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) The landlords Rajinder Kumar and another sought the ejectment of their tenant Madan Lal from the shop in dispute, inter alia, on the ground that the tenant had ceased to occupy the shop in dispute for a continuous period of four months, without any sufficient cause, after the death of his father Basia Ram prior to the filing of the ejectment petition which was filed on 1st October, 1980. It was alleged that the tenant was carrying on a brick- kiln business and the shop in dispute was lying closed. In the written statement, the said allegations were controverted. The learned Rent Controller found that the tenant had ceased to occupy the premises for a continuous period of more than four months without any sufficient cause. The other pleas of the landlord were negatived. Consequently, an eviction order was passed. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller, and, thus, maintained the order of eviction. Dissatisfied with the same, the tenant has filed this petition here.

(3.) Learned counsel for the petitioner contended that his application for producing additional evidence had been rejected by the Appellate Authority arbitrarily. The evidence sought to be produced, i. e., the copies of the assessment order for the year 1980-81 in order to show that the tenant had been earning income from M/s. Madan Lal Chaman Lal, Samaria, were most relevant and should have been allowed. It was next contended that the evidence of the Meter Reader of the Electricity Department was not sufficient to come to the conclusion that the tenant had ceased to occupy the premises without any sufficient cause for a continuous period of four months. According to the learned counsel, the tenant was doing Khadi business, and, therefore, it was not necessary for him to sit in the shop as such.