RAKESH KUMAR AND ANOTHER Vs. ASHOK KUMAR GUPTA

JUDGEMENT

(1.) Eviction petition preferred by the landlord-respondent was dismissed by the Rent Controller, Amritsar, vide order dated 25.08.2014. As an appeal preferred against the said order was accepted by the Appellate Authority, vide order dated 11.09.2015, and eviction of the tenant-petitioners was ordered, for they had ceased to occupy the demised premises i.e.a shop, the tenant petitioners are before this Court.

(2.) Briefly, the case set out by the landlord-respondent was that tenant-petitioners had ceased to occupy the shop in question, without any sufficient cause, continuously, for a period of two years immediately preceding the institution of the eviction petition, and no business was being conducted therein.

(3.) In defence, it was pleaded, inter alia, that the tenant petitioners were carrying on the business of ready made clothes and garments in the shop since the year 1991 under the name and style; Krishna Print Store, and the shop was being regularly opened and closed. Further, the shop was full of stock consisting of clothes and garments and it was never kept closed for more than 2/3 days. Accordingly, it was maintained that the tenant-petitioners had not ceased to occupy the demised premises.