filing of the suit. The suit was filed on 17 July 2006. An attempt was made by the Court Bailiff to serve the suit summons on the Defendant. The Court Bailiff’s Report at Exhibit - 5 dated 1 November 2006 and 26 February 2007 show that the suit premises found lock. From Exhibit -5 it appears that the service of the suit summons was accepted by the Defendant in the Court through his advocate on 30 April 2007. The electricity bills from December 2005 till August 2006 shows minimal consumption of electricity. For the months of January 2006 and February 2006, the electricity consumption together is only “3” units. For the months of March 2006 and April 2006, it was only “14” units and for the months of May 2006 and June 2006, the electricity consumption was “36” units only. Though the Defendant had denied the said fact of non-user and he had come up with a case that due to his old age, he was unable to open the suit premises. However, in the written statement, the Defendant’s case was that he was running the business with grand-son from 2002. However, in the cross-examination of the grand-son, he has come on record that he was doing the business of sugar-cane
