VIDYA DHAR Vs. ONKAR NATH

JUDGEMENT

(1.) This is a revision petition preferred by the tenant who was ordered to be ejected by the Rent Controller, Sirsa and whose appeal was dismissed by the Appellate Authority, Sirsa.

(2.) Facts giving rise thereto, so far as the present petition is concerned, are that the respondent-landlord claimed ejectment of the tenant, amongst others, on the ground of the tenant keeping the premises in dispute unoccupied for a long period. Eviction of a tenant is permissible under S. 13(2)(v) of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereafter referred to as the Act) when the tenant has ceased to occupy the building for a continuous period of four months without reasonable cause. The ground pleaded by the landlord was denied by the tenant and this gave rise to issue No. 3 which was couched in this language:-

(3.) Both the officers below have returned the finding in favour of the landlord and this has resulted in ordering the ejectment of the petitioner and hence this revision petition.