MANJEET SINGH Vs. SANTOSH DEVI

JUDGEMENT

(1.) THIS revision petition is directed by the tenant against the eviction order dated 9.3.2006 passed by the Rent Controller, Bhiwani, in respect of the demised premises, comprising a shop situated at Sarai Chopta in Bhiwani, as well as against the order dated 17.8.2009 passed by the Appellate Authority, Bhiwani, dismissing the petitioner's appeal against the above stated order of eviction.

(2.) THE respondent-landlord sought the petitioner's eviction, inter-alia, on the grounds of : (i) non-payment of rent w.e.f. 1.9.2000 @ Rs. 1200/- per month, and (ii) that the petitioner has ceased to occupy a shop for a period of more than 4 months preceding to the date of filing of the eviction petition and the shop was lying vacant.

(3.) IN order to substantiate his pleas, the respondent-landlord examined Shiv Raj Singh (AW1), an official from the Electricity Department, who brought the records and deposed that the petitioner had obtained electricity connection No. C-1247 for the demised premises but the said meter was dis-connected on 23.4.1999 as per the entry in his register (Ex.A-6). The Landlord himself appeared in the witness box (AW-2) and reiterated both the grounds of eviction. Prem Singh, Process Server, was also produced in support of his report Ex.A/1, wherein it was reported that at the time when he visited the demised premises, the same was lying closed. Ram Avtar Gupta, Advocate (AW7) who was appointed as Local Commissioner by the Court, was also examined to prove his report alongwith the documents Ex.A-2 to Ex.A-7 which included the notice sent by him to the parties (Ex.A-2); the site plan (Ex.A-3); his report (Ex.A-4), another site plan (Ex.A-5) and the memo of parties present at the spot (Ex.A-7).