SOHAN LAL Vs. TARA CHAND BHASIN

JUDGEMENT

(1.) THE eviction of the petitioner as a tenant from shop bearing No. 5765/3, Ambala City, was ordered by the Rent Controller vide judgment dated 9.5.1979. His appeal before the Appellate Authority has also failed and his eviction has been upheld vide its judgment dated 17.8.1979. This is how the petitioner has approached this Court through the present revision petition.

(2.) THE landlord-respondent sought eviction of the petitioner on more than one ground but it was eventually ordered on the ground that the petitioner ceased to occupy the shop in dispute for a continuous period of four months preceding the date of application for ejectment. This ground is adumbrated in para 6(b) of the eviction application in the following terms :- "That the respondent having been employed as Munim by M/s Harbans Lal Manohar Singh, Cloth Merchants, Railway Road, Ambala City, for the last over a year had ceased to occupy the shop in dispute for a continuous period of more than 12 months without sufficient cause."

(3.) I have gone through the judgments of the authorities below. I find that the evidence brought on the record has been properly appreciated and the finding arrived at is unassailable. It has been found as a fact that the petitioner has got employment as a Munim with M/s Harbans Lal Manohar Singh, a whole-time job. The attempt of the petitioner to prove that there was consumption of electricity on the shop by producing the electricity bills Exs. R.1 to R.33 through Shasan Lal R.W.3 a Clerk of the Electricity Board, has eventually failed because the bills for the months of February, March, April and July, 1974 Exs. R.11 to R.13 and R.15 alone were relevant and according to them the petitioner has been charged at the rate of two units of electricity consumption per month. These are the minimum charges for an electric connection recoverable by the Electricity Board. This evidence was of no help to the petitioner.