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1978 Supreme(Ker) 67

GEORGE VADAKKEL
ANANTHASUBRAMANIA IYER – Appellant
Versus
SARADA AMMA – Respondent


Judgment :-

1. The revision petitioner had 5 or 6 vegetable shops in different parts of Trivandrum. His business failed. He then surrendered possession of all the rooms in which the said shops were run except the one owned by the respondent herein. He was not carrying on any business in this room from the beginning of May to December 18th, 1975 on which date the respondent applied to the Rent Control Court to evict him on the ground that he ceased to occupy the building continuously for six months without reasonable cause. The Appellate Authority and Revisional Court agreed in holding that he failed to substantiate his case that he was ill during May to August end and that thereafter the respondent obstructed him from doing business in the room in question in so far as there is no evidence in that behalf except that of the revision petitioner. This is a finding of fact and is, therefore, beyond challenge in this Court.

2. It is contended that as held by the Rent Control Court the revision petitioner must beheld to be occupying the room in question though he was physically absent therefrom for a continuous period of six months since be has the intention to possess and occupy the same









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