RAJ KUMAR SHARMA Vs. RATTAN DEVI

JUDGEMENT

(1.) THE present revision petition has been filed by Raj Kumar Sharma (hereinafter described as "the petitioner") directed against the judgment of the learned Appellate Authority, Jalandhar, dated 11.9.1982. By virtue of the impugned judgment the learned Appellate Authority had set aside the order passed by the learned Rent Controller, Nawanshahar, dated 23.1.1980. An order of eviction was passed against the petitioner with respect to the suit premises.

(2.) THE relevant facts are that respondent Smt. Rattan Devi, now represented by her legal representatives, had filed a petition for eviction against petitioner Raj Kumar Sharma. The sole ground which requires consideration is as to if the petitioner-tenant had ceased to occupy the premises for a period of four months before the filing of the petition or not. It was asserted that the petitioner had gone abroad and had ceased to occupy the shop without any reasonable cause for a period of eight months. The shop has remained closed continuously since then.

(3.) THE learned Rent Controller had framed the issues and recorded the evidence. With respect to the main controversy, the learned Rent Controller had returned the finding that the respondent-landlord had failed to show that the property in question is not in occupation of the petitioner-tenant continuously for a period of four months before filing of the petition. Accordingly, it was dismissed.