KISHAN CHAND Vs. PARMESHARI DASS

JUDGEMENT

(1.) PETITIONERS are the tenants in the premises of the respondents. A rent petition was filed against the petitioner on the ground of non -payment of rent, the premises having become unfit and unsafe for human habitation, change of user and non -occupation of the premises. The rent petition was dismissed. However, the Appellate Authority ordered eviction of the petitioners on the ground of non -occupation of premises and hence this revision petition has been filed.

(2.) REGARDING non -occupation, the case of the respondents is that the premises were closed for more than four months during the period June, 1977 to December, 1977. Respondents have examined AW1 Milap Chand, AW2 Gurbax Singh, AW3 Madan Lal and AW4 Parmeshari Dass. The present petitioners have examined RW1 Suraj Parkash, RW2 Muni Lal, RW3 Om Parkash and RW4 Ram Kumar (respondent).

(3.) AW 4 has stated that the shop remained closed. However, the petitioners' witnesses have stated that shop did not remain closed.