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2004 (3) TMI 739 - SC - Indian LawsApplication seeking eviction of the tenant dismissed by High Court - Held that:- In the present case, the landlord has, through his pleadings and by adducing evidence, made out a case of the tenant's ceasing to occupy the tenancy premises and the onus, therefore, had shifted on the tenant either to rebut the case made out by the landlord or to allege and prove any reasonable cause for ceasing to occupy the premises. In our opinion, in the case at hand the landlord has fully discharged his obligation of making out the case of his entitlement to evict the tenant under Section 13 (2)(v) of the Act. The tenant has failed in discharging his onus. The Controller and the Appellate Authority rightly arrived at the finding of the fact which they did. There was no case for interference at the hands of the High Court. The appeal is allowed. The impugned judgment of the High Court is set aside and that of the Controller, as affirmed by the Appellate Authority, is restored.
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