PIARA LAL Vs. LIQUIDATOR COOPERATIVE STORE

JUDGEMENT

(1.) THIS revision has been filed by the landlord, who, even though in the matter of seeking eviction of the respondent-tenant, which is a cooperative store, succeeded before the Rent Controller, as order, dated 25.4.1988, was passed for eviction of the respondent, lost his cause before the appellate authority, as the order of eviction passed by learned Rent Controller, in an appeal preferred by the respondent-tenant, was set aside vide orders dated 5.8.1999. Hence the present revision.

(2.) THE bare minimum facts, that need to be mentioned, reveal that Piara Lal, the landlord-petitioner herein, filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking eviction of Liquidator Cooperative Store from the shop, situated in the Shastri Market, Kapurthala on two grounds, namely, that the demised premises remained unoccupied or not used by the respondent without any sufficient cause for a period of 2 to 4 years and that the respondent had made additions and alterations without the consent of the petitioner. On the pleadings of the parties, learned Rent Controller framed the following issues :

(3.) WITH a view to substantiate his case, the petitioner-landlord besides examining himself as AW5, examined Dharam Pal Nanda, AW1; Rajinder Kumar, AW2; Raj Kumar, AW3; and Roshan Lal, AW4. While evaluating the evidence led by the petitioner, learned appellate authority, insofar as statements made by Rajinder Kumar and Raj Kumar, AW2, and AW3, are concerned, observed that both of them are shopkeepers and generally a shopkeeper would depose in favour of the other shopkeeper. While dealing with the evidence of Roshan Lal, Advocate, AW4, who was appointed as Local Commissioner, learned Appellate Authority observed that he visited the premises and found the shop locked. But the evidence of this witness could not be relied upon as he had not given any notice of his visiting the spot to the respondent. The pertinent observation made on that count by learned Appellate Authority is as follows :