DEVINDER Vs. RAM DASS

JUDGEMENT

(1.) THE present revision petition has been filed by Davinder (hereinafter described as "the petitioner) directed against the judgment of the learned Rent Controller, Rohtak, dated 26. 4. 1995 and that of the Appellate Authority, Rohtak, dated 1. 4. 1997, affirming the findings of the learned Rent Controller. By virtue of the impugned judgment of the learned Rent Controller had passed an order of eviction against the petitioner holding that he is ceased to occupy the demised premises for a continuous period of four months without reasonable cause.

(2.) THE relevant facts are that respondent Ram Dass had filed a petition for eviction against the petitioner under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (for short "the Act" ). It was with respect to shop bearing No. 390 in Ward No. 16, Delhi Gate, Rohtak, the grounds of eviction were taken that the petitioner has failed to pay the arrears of rent for a period of 39 months and has impaired the value and utility of the shop. Further that petitioner is a nuisance and quarrels with the landlords-respondent whenever he goes to make the demand of rent. These grounds of eviction do not survive the consideration. The solitary other ground regarding which the adjudication required is that the petitioner ceased to occupy the demised property since February, 1990, till filing of the petition i. e. 13. 6. 1991.

(3.) THE learned Rent Controller as well as the Appellate Authority on appraisal and consideration of evidence held that the respondent had successfully proved in terms that petitioners was not in occupation of the shop in controversy since February, 1990. In this regard reliance has been placed on the evidence of Clerk of Haryana State Electricity Board, P. W. I Ram Bhagat, Postman, Kartar Singh who appeared as P. W. 2, Sukhpal P. W. 3, the process server, the photographer P. W. 6 besides the statement of respondent.