2004 (3) TMI 739

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....Court has set aside the findings of the two authorities below and directed the application seeking eviction of the respondent to be dismissed. Feeling aggrieved, the landlord has filed this appeal by special leave. Under Section 13(2)(v) of the Act, on an application filed by a landlord seeking to evict his tenant, the Controller may, after giving the tenant a reasonable opportunity of showing cause against the application, make an order directing the tenant to put the landlord in possession of the building if the Controller is satisfied that the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause. The existence of landlord-tenant relationship between the parties is not in dispute. ....

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....mises for effecting service of the court summons but he failed to effect service on account of none being available at the premises which were invariably found locked. The landlord had arranged for photographs of the suit premises being taken. The photographer was examined to prove the photographs, tendered in evidence, which showed the suit premises closed and locked while adjoining shops were open and the space just in front of the shop and immediately abutting it was being used for parking cycles which would not have been practical unless the suit premises were closed and not in use. There is other oral evidence including the statement of landlord himself to support the plea of the landlord. The tenant did examine a few witnesses of t....

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.... an independent evaluation of the evidence and confirmed the findings of the Controller. The High Court has, while exercising its revisional jurisdiction, entered into re-appreciation of evidence not open to the High Court; more so, keeping in view the manner in which the exercise has been undertaken by the High Court. To say the least, we find that there is to some extent misreading of the evidence by the High Court. We may give just two illustrations. While criticizing the testimony of postman the High Court goes on to observe that the postman claims to have visited the suit premises even on Sundays when the post office remains closed and the postman is not on duty. We have carefully read the statement of the postman. He has nowhere claim....

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....urisdiction in reversing the well considered findings of fact arrived at by the two courts below. The terms "possession" and "occupy" are in common parlance used interchangeably. However, in law, possession over a property may amount to holding it as an owner but to occupy is to keep possession of by being present in. The Rent Control Legislations are outcome of paucity of accommodations. Most of the Rent Control Legislations, in force in difference states, expect the tenant to occupy the tenancy premises. If he himself ceases to occupy and parts with possession in favour of someone else, it provides a ground for eviction. Similarly, some legislations provide it as a ground of eviction if the tenant has just ceased to occupy the tenancy ....