1962 (11) TMI 81

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....n Act, 1949, which reads- that where the building is situated in a place other than a hill-station, the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause. 3 . The tenant in this case is a widow and it Is not in dispute that she and her husband occupied the house in suit at Hissar, during the lifetime of her husband who was stationed at that place as an E.A.C. Otherwise, she has no connection with Hissar. The landlord alleged that after the death of her husband, the tenant had ceased to reside in the premises and gone to live at Delhi, where her husband's brother was living and also her married daughter and where her two unmarried daughters were receiving education. It was allege....

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....ssed, the Learned Rent Controller has chiefly relied on two cases, Messrs Abdul Rahim and Bros. and Anr. v. R.K. Selvan Bros. and Ors. (1956) I. Mad. L.J. 237, and Langford Property Company, Ltd. v. Athanassoglou and Anr. (1948) All. E.R. 722. 6. The first of these cases refers to business premises taken on lease by the tenant for the purpose of carrying on the business of selling liquor, and when prohibition was introduced into the State of Madras, the tenant became unable to carry on his business though he continued to keep his furniture in the premises. In these peculiar circumstances, Rajagopala Ayyangar, J. held that the Act did not require that the tenant in occupation of a non-residential building should carry on actual business in....