ARJAN DASS Vs. KRISHAN KUMAR

JUDGEMENT

(1.) The tenant has come up in revision petition against the order of the Appellate Authority reversing on appeal the order of the Rent Controller, whereby the eviction application filed by the respondent / landlord was rejected.

(2.) The facts :- The respondent/landlord sought eviction of the petitioner / tenant on the ground that he had ceased to occupy the shop in dispute for a continuous period of four months without reasonable cause with effect from Apr. 1,1980 and that the tenant had materially impaired the value and utility by committing illegal act keeping the shop closed.

(3.) The tenant denied the allegations made in the eviction application. He maintained that he had not ceased to occupy the demised premises and he opened it daily and sold goods worth Rs. 36,000.00- from Apr. 1,1980 to Sept. 7, 1980; that he is working as Part-time Accountant at Baldev Di Hatti for two hours in a day; he is wholesale dealer of hosiery goods; he had not done any act which had resulted in diminishing the value and utility of the shop in dispute.