MULAKH RAJ Vs. SUSHMA KUMARI

JUDGEMENT

(1.) Petitioners(tenants) are in revision under Section 15(5) of East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the "Act") against the findings returned by learned Appellate Authority, Hoshiarpur, who vide its order dated 02.02.2013 allowed the appeal filed by the respondent(landlady) Sushma Kumari on the ground of cease to occupy and consequently reversed the findings of the learned Rent Controller, Hoshiarpur, who had dismissed the ejectment application of the respondent landlady vide order dated 12.08.2011. In brief, facts of the case are that respondent(landlady) had filed an ejectment application against the petitioners(tenants) on various grounds, including the ground of cease to occupy the premises by giving a reasoning that since September 2007 no business is being run by the tenant No. 1/petitioner No. 1 and, therefore, he has rendered himself liable for ejectment on the ground of non occupation of the premises as mentioned under Section 13 of the Act.

(2.) Upon notice, petitioners(tenants) denied all the material averments and prayed for the dismissal of the ejectment application.

(3.) From the pleadings of the parties issues were framed. Both sides lead evidence and after appreciating their evidence learned Rent Controller, Hoshiarpur dismissed the ejectment application and the findings thereof were reversed in appeal by the learned Appellate Authority, Hoshiarpur. Hence the present revision petition.