BIRBAL Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS is a tenant's revision petition against the concurrent findings of fact recorded by the Rent Controller and the Appellate Court. It arises out of the following facts :-

(2.) RAJ Kumar landlord/respondent filed an eviction application under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter called the 'Act'), on the allegations that the tenant/petitioner had not paid the arrears of rent w.e.f. 26.9.1977 till the date of filing of the petition; that he had impaired the value and utility of the shop; and that the shop had been kept closed for a period of more than four months without any reasonable cause. The petition was allowed ex parte vide order of the Rent Controller dated 29.2.1980. It is the admitted position that pursuant thereto the landlord took possession of the demised premises on 22.4.1980. The ex parte proceedings recorded against the petitioner were set-aside on 14.11.1985 but the ejectment was nevertheless ordered on the ground that he had ceased to occupy the premises for more than four months without reasonable cause. This finding was affirmed in appeal.

(3.) I have heard the learned counsel for the parties and have gone through the record very carefully with their assistance.