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    <title>2004 (3) TMI 739 - Supreme Court</title>
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    <description>Cessation of occupation for the statutory period was held to attract eviction where the landlord proved prima facie that the tenant had not actually occupied the shop and had offered no reasonable cause. Actual occupation was treated as more than juridical possession, requiring real presence and user consistent with the tenancy. Once evidence of closure, lack of electricity use, failed service, and supporting photographs and testimony was shown, the burden shifted to the tenant to rebut the case. The Supreme Court also held that the High Court, in revision, could not reappreciate evidence or disturb concurrent factual findings on a misreading of the record, and the eviction order was restored.</description>
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    <pubDate>Wed, 24 Mar 2004 00:00:00 +0530</pubDate>
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      <title>2004 (3) TMI 739 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=165184</link>
      <description>Cessation of occupation for the statutory period was held to attract eviction where the landlord proved prima facie that the tenant had not actually occupied the shop and had offered no reasonable cause. Actual occupation was treated as more than juridical possession, requiring real presence and user consistent with the tenancy. Once evidence of closure, lack of electricity use, failed service, and supporting photographs and testimony was shown, the burden shifted to the tenant to rebut the case. The Supreme Court also held that the High Court, in revision, could not reappreciate evidence or disturb concurrent factual findings on a misreading of the record, and the eviction order was restored.</description>
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      <pubDate>Wed, 24 Mar 2004 00:00:00 +0530</pubDate>
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