SHAN MOHD Vs. MOHINDER PAL

JUDGEMENT

(1.) This is the landlord's petition against the order of the learned appellate authority allowing the appeal preferred by the respondent-tenant against the judgment of the learned Rent Controller ordering the ejectment of the respondent herein on the ground that he had ceased to occupy the suit premises for a continuous period of twelve months preceding the date of the ejectment order. It is undisputed that the petitioner is the landlord of the demised premises. He instituted petition for ejectment of the respondent on the ground of arrears of rent and he has ceased to occupy the premises for a period of 12 months continuously before the institution of the eviction petition. The respondent died during the Pendency of the revision and his legal heirs were substituted by the order of this Court dated 17.8.2007.

(2.) The learned Rent Controller on the settled issues out of which two of the issues were crucial, namely, as to whether the tenant was in arrears of rent and if so to what extent and as to whether the tenant has ceased to occupy the premises, held on the first issue that the respondent had not paid rent at Rs. 40/- per month w.e.f. 1.12.1987. The Court held:

(3.) Adverting to the second issue, the learned Rent Controller took into consideration the evidence on the record to the effect that there is no electricity consumed by the respondent for the period in question. Ext. PW 2/B proved on record electric meter No. BRD-266-D installed in the demised premises and that since 1994 to 7.1.1995, the meter was found locked inside the premises. Voter list Ext. PW 2/A of Sidhowal Lodge shows that the name of the tenant was not mentioned therein. PW 4 Krishan Kumar, Inspector Food and Civil Supplies, stated that no ration card was issued from his office. PW 5 Rupender Singh, Election Kanungo, Shimla stated that the name of the respondent or his son Mohinder Pal did not figure in the voters list in the year 1995, according to the survey conducted in 1994.