CR No. 6592 of 2008(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.6592 of 2008 (O&M) Decided on : 01-12-2008 Chanan Mal ....Petitioner VERSUS Sehdev Arya ....Respondent CORAM:- HON'BLE MR. JUSTICE MAHESH GROVER Present:- Mr. B.S.Makar, Advocate for the petitioner. MAHESH GROVER, J This revision petition is directed against the orders of the learned Rent Controller dated 11.5.2007 and of the Appellate Authority dated 16.9.2008. An eviction petition was preferred by the respondent-landlord against the petitioner seeking his ejectment on the ground on non-payment of rent and on the ground that the petitioner has ceased to occupy the premises which are lying vacant from November, 2002 to 3rd May, 2005. Both the Courts came to the conclusion that the petitioner had ceased to occupy the premises as the electricity connection was found to be disconnected and the reading of the meter installed in the shop indicated the aforesaid fact. Besides there was a report of the Electricity Department to the same effect that the shop was not under use. During the course of proceedings, however rent was paid and, therefore, this ground was not CR No. 6592 of 2008(O&M) 2 available to the respondent. Assailing the aforesaid findings of the learned Courts below, learned counsel for the petitioner has contended that the findings recorded are erroneous as the report of the Electricity Department is that of the Clerk and not of the meter reader which is also at variance with the report of the Clerk so far as the reading of the meter is concerned. I have heard learned counsel for the petitioner. A perusal of the impugned shows that there is sufficient material on record to indicate that the shop was not being put to use by the petitioner. The electricity remained disconnected for the period November, 2002 till 2005 which has also been reflected from the testimony of the employees of the Electricity Department. The petitioner was doing the job of welding in the shop which would require the consumption of electricity and the fact that the employees of the Electricity Department have testified orally as also on the basis of documentary proof the factum of the connection being disconnected. The findings recorded by both the Courts below cannot be faulted with. There is, thus , no merit in the petition. Dismissed. At this stage, learned counsel for the petitioner prayed for grant of some time to vacate the shop. In case the petitioner furnishes an undertaking before the learned Rent Controller within a period of three weeks from today to the effect that he shall hand over physical vacant possession of the premises to the respondent-landlord on or before 2.3.2009, execution proceedings shall remain in abeyance. He will however continue to pay the rent for the period CR No. 6592 of 2008(O&M) 3 he remains in occupation of the premises pursuant to the present order. He shall also furnish the arrears of rent, if any, alongwith an undertaking before the learned Rent Controller. December 1, 2008 (Mahesh Grover) rekha Judge