Eviction – Cease to Occupy – Burden is heavy on the tenant to prove that the assertions made by the landlord are incorrect

Mr. Anil Kshetarpal, J. (Oral) - Vide this common judgment, I shall be disposing of two revision petitions bearing CR No.3488 of 2007 and CR No.4367 of 2007. Both the revision petitions are concerning one building. Petitioner- Unisystem Pvt. Ltd. in CR No.3488 of 2007 is tenant on the first floor whereas M/s Standi Pack Pvt. Ltd. (respondent in CR No.4367 of 2007) is tenant on the ground floor. Learned counsel representing the parties are also common. It is not in dispute that both the companies are sister concerns.

CR No.3488 of 2007

2. Tenant-petitioner is in the revision petition against the order passed by the Appellate Authority ordering eviction on the ground that the tenant has ceased to occupy the rented premises for a continuous period of more than four months before filing of the rent petition without reasonable cause.

3. In the present case, the landlord filed a petition with the assertions that the tenant has closed down the business and the premises is lying unused for more than 26 months. During the pendency of the petition, a Local Commissioner was appointed by the Court to carry out local investigation and submit a report. The report submitted by the Local Commissioner is Ex.R-1 dated 19.07.1999 on the record. Relevant part of the report reads as under:-

“That the suit property marked by letters ABCD shown in the site plan situated on the first floor. The lock was closed to reach the upstairs and key was demanded and was opened by the person present on the spot. When I entered into the first portion of the ground floor then found that it was full of dust and kabara was lying in all the rooms. It seems that the same were lying closed for the last several years. They were full of cobwebs. There was a toilet in the last towards South. It was full of dust also and cobweb and seems that the same was not used for the years together. The kabara was not of daily use and same was dumped being waste.”

(Note – ‘Kabara’ is garbage.)

Along with the report, a rough lay-out plan was also prepared which shows that there were seven rooms and a hall on the first floor (rented premises). It is admitted case of the parties that there is no electric connection and the tenant is occupying first floor of the premises numbered as 15/2. It is also not in dispute that in the adjoining premises i.e. 15/1 belongs to the tenant-petitioner.

4. In the written statement while replying to para 4(i), the tenant-petitioner took following stand:-

“The respondent is carrying on its business of manufacturing of corrugated boxes in the adjacent plot and the demised premises is being occupied by the respondent for the purposed of storage of raw materials, machine parts, chemicals used in manufacturing process. The question of ceased to occupy the premises does not arise at all.”

5. Local Commissioner was examined by the tenant as RW-2. He while appearing in the witness-box stated that the first floor of the premises in dispute is having all garbage (waste material) and the premises has not been used for number of years. He also stated that there was lot of dust on the garbage lying there. On the basis of aforesaid evidence, the Appellate Authority ordered eviction.

6. This Court has heard learned senior counsel for the parties and with their able assistance gone through the record of the case. Learned counsel for the tenant has submitted that the space was being used for storage and therefore, no production activity was required to be proved by the tenant.

7. Learned counsel while referring to the written statement has submitted that the manufacturing activity of the corrugated boxes was being carried out in the adjoining premises which are owned by the petitioner (tenant) and therefore, the premises in question was only being used for storage purposes. Hence, he submitted that there was no evidence that the petitioner has ceased to occupy. Learned counsel has further submitted that as per the provisions of the Act, it was necessary for the