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TMI Blog1978 (3) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... m 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 be held to be occupying the room in question though he was physically absent therefrom for a continuous period of six months since he has the inten ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compel the inference, prima facie, of a cesser of possession or occupation. The question is one of fact and of degree. and formulated a rule of practical application, namely, that, if the tenant proves his animus possidendi (intention to possess) and a corpus possessionis viz. Some visible state of affairs in which the animus possidendi finds expression such as leaving the building in the hands of a caretaker or the tenant leaving his furniture in the buildings -- not some token pieces of furniture, but the tenant leaving the house substantially furnished so that at any time he can return and reside there -- the presumption of cessation of occupation arising from the physical absence of the tenant from the premises will stand rebutted. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ision the tenant removing his physical presence from the building during intermittent periods less than six months in duration will not rouse the presumption of cessation of his occupation of the building and the provision, thus recognizes the fact that law does not expect that the tenant should be under the roof of his rented building all the 24 hours of the day and all the 365 days in the year. However, his physical absence therefrom continuously for six months will arouse the presumption that he has ceased to occupy the building and that he has abandoned it. Once this presumption arises the onus is on the tenant to dislodge the same by establishing his de facto intention to possess it for the purpose for which it is let to him and also, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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