The significance of surprise inspections and the importance of the report obtained first in point of time in proving cessation of occupation.

N.K. Balakrishnan, J.

The tenants have filed this revision petition challenging the order of eviction passed by the learned Appellate Authority under Section 11(4)(v) of the Act reversing the order of dismissal of the claim made by the Rent Control Court. The RCP was filed on 23/06/97. The landladies contended that the tenants ceased to occupy the petition schedule building for more than six months without any reasonable cause. The petition schedule building which was leased out to the tenants as per Ext.A1 rent deed is situated in the up-stair portion of a building complex by name K.M.K complex. The tenants are doing business under the name and style "Mahima Fancy" in the adjacent building by name "R.K. Complex". Both buildings belong to the respondents. The petition schedule building was rented out to the tenants as per Ext.A1 to use it as a godown for the business conducted in "Mahima Fancy". A commission was taken out to inspect the petition schedule building. The Commissioner filed Ext.C1 report stating that the petition schedule building was not used for about one year. The very same commissioner was taken to the building after about ten months and then Ext.C2 report was filed.

2. Before the Rent Control Court, the first petitioner in the RCP was examined as PW1 and the tenant and another witness were examined as RW1 and RW2. The Advocate Commissioner was examined as CW1. On behalf of the tenant Exts.B1 to B8 series were marked. The learned Rent Controller found that the landladies could not establish that the tenant has ceased to occupy the petition schedule building continuously for six months just prior to the filing of the petition and hence, RCP was dismissed.

3. The learned Appellate Authority after re-appreciating the entire evidence came to the conclusion that the tenants have ceased to occupy the petition schedule building without any reasonable cause and thus, ordered eviction under Section 11(4)(v) of the Act.

4. The learned counsel for the revision petitioners, Sri. T.V. Jayakumar Namboodiri has argued in extenso contending that the learned Appellate Court has not considered the effect of Ext.C2, the second Report of the Commissioner. The petition schedule building which is situated upstairs of K.M.K Complex was actually used by the tenants as godown and as such it was not necessary for the tenants who was conducting Mahima Fancy in the ground floor of R.K. Complex to open the upstair room on all days. The learned counsel further submits that since the petition schedule building is situated just by the side of Payyannur Bus Stand which is a very busy area and hence, there was every possibility to have dust on and around the lock and shutter of the building and it was not indicative of cessation of occupation of the petition schedule building. The learned counsel further submitted that the documents produced by the tenants would show the business activities conducted in Mahima Fancies and that would prove that the fancy items sold in that building were used to be stocked in the petition schedule building which was used as a godown/store room. As such, the learned Appellate Authority should have found favour with the view taken by the learned Rent Controller that there was no cessation of occupation as alleged by the landladies. This argument was resisted by Sri. Vipin Das, the learned counsel for landladies pointing out the non production of relevant documents to prove the actual occupation of the tenanted building.

5. We have gone through the order passed by the learned Rent Controller and also the judgment of the learned Rent Control Appellate Authority. For the purpose of Ext.C1 Report, the Advocate Commissioner inspected the petition schedule building on the date of filing of the RCP itself. The Commissioner found dust on and around the lock. It was also noted that the keyhole of the lock was covered with cob web and rust. The deposit of dust on the shutters and on the front of the varandah noted by the