TMI Blog2004 (3) TMI 739X X X X Extracts X X X X X X X X Extracts X X X X ..... er 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. - C.A. 3868 OF 1999 - - - Dated:- 24-3-2004 - R.C. Lahoti and DR. AR. Lakshmanan, JJ. JUDGEMENT A suit based on landlord-tenant relationship, filed by the appellant against the respondent, on the ground available under Section 13(2)(v) of the Haryana Urban (Control of Rent) Eviction Act, 1973 (hereinafter the 'Act', for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... support and denial of the averments made in the application seeking eviction. Some pieces of evidence adduced by the landlord need to be noticed briefly. Meter Reader of the locality was examined to show that there was no consumption of electricity during this period. Repeated notices, eight in number, were sent through registered A/D post by the landlord to the tenant during this period which were all returned with the postal endorsement that in spite of repeated attempts made by the postman, stretched over a period of about one week in each case, no one was available at the given address to accept the service of registered letter and the premises were found closed. The postman deposed to these facts. Undisputedly the address as given on e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... adduced to support such plea. At another place his stand was that his father was having a flour mill at a little distance from the suit premises and when there was none else available to look after the flour mill, he himself used to sit at the flour mill. So is the case with those shopkeepers of the locality who appeared as witnesses for the respondent. They gave varying statements as to the hours of the day when the shop was kept open by the respondent and as to the activity carried on by the respondent in the suit premises. Be that as it may, having gone through the lengthy discussion of evidence, documentary and oral, as contained in the judgment of the trial Court, with the assistance of the learned senior counsel for the appellant, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... premises. How these two self- contradictory things could have taken place ___ asks the learned Judge posing question to himself. If only the deposition of the process server would have been carefully read it would have been revealed that what the process server was deposing was that the respondent was not available at the suit premises to accept the service of summons which premises were locked but he was available at a little distance away from the suit shop and at the flour mill premises of the respondent's father and there the service was effected. Thus the High Court has proceeded to reverse, on erroneous assumptions, the findings of facts concurrently arrived at by the two authorities below and such exercise by the High Court as al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eof. The Act protects the tenants from eviction and enacts specifically the grounds on the availability whereof the tenant may be directed to be evicted. It is for the landlord to make out a ground for eviction. The burden of proof lies on him. However, the onus remains shifting. Once the landlord has been able to show that the tenancy premises were not being used for the purpose for which they were let out and the tenant has discontinued such activities in the tenancy premises as would have required the tenant's actually being in the premises, the ground for eviction is made out. The availability of a reasonable cause for ceasing to occupy the premises would obviously be within the knowledge and, at times, within the exclusive knowledg ..... X X X X Extracts X X X X X X X X Extracts X X X X
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