GANESH KUMAR Vs. SWAMI VIVEKA NAND JI MAHARAJ

JUDGEMENT

(1.) Ganesh Kumar legal representative of original tenant Lal Chand since deceased has filed this revision petition under section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (in short, the Act) assailing judgment dated 14.3.2009 passed by learned Additional District Judge, Amritsar as Appellate Authority under the Act. Respondent-landlord filed ejectment petition under section 13 of the Act against Lal Chand predecessor of petitioner herein. It is undisputed that Lal Chand was tenant in the demised shop under the landlord-respondent herein. Ejectment was sought on the ground of nonpayment of rent and on the ground that the tenant had ceased to occupy the demised shop continuously for a period of more than four months without reasonable and sufficient cause, having ceased to occupy the same since 1.4.1999.

(2.) The tenant while admitting the tenancy controverted the grounds of ejectment.

(3.) Due rent was tendered along with cost and interest. It was denied that the tenant had ceased to occupy the shop. It was pleaded that he was carrying on business of readymade garments in the demised shop.