G C BHATIA Vs. R L SETH

JUDGEMENT

(1.) Shri G.C. Bhatia is the tenant whose eviction from the rented building had been sought by the landlord Shri R.L. Seth on the ground that Shri Bhatia had ceased to occupy the said premises for a continuous period of 12 months without reasonable cause. The learned Rent Controller, accepting the ground on which the eviction had been sought, ordered the eviction of the tenant by his judgement dt. Aug. 19, 1982. The learned Appellate Authority, Shimla dismissed the appeal of the tenant vide judgement dt. Aug. 27, 1983 aggrieved from which the present revision petition has been preferred.

(2.) In para 18(a) of the application for eviction filed before the learned Rent Controller, Shimla, the following ground for eviction was raised :

(3.) The respondent has examined PW 2 B.K. Khanna and PW 3 Ashok Rawal in addition to stepping himself into the witness box as PW 1 in support of his case. His own testimony cannot be of much assistance to him inasmuch as he has admitted during the cross-examination that he visited the premises in dispute 3/4 times during the relevant period. His personal knowledge, therefore, extends only to said occasions and the remaining part of his testimony to the effect that he had been informed by other tenants and the sweepress constitutes hear-say evidence and, therefore, inadmissible.