NARINDER SINGH Vs. SARABJIT SINGH

JUDGEMENT

(1.) LANDLORD Sarabjit Singh had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) against Narinder Singh, present petitioner for eviction from the shop in dispute on the ground that the petitioner herein was in arrears of rent from 1.1.1994 till the date of filing of the application. It was also pleaded that the shop in dispute had become unfit for human habitation.

(2.) IN the written statement, the present petitioner denied the relationship of landlord and tenant between the parties and on the pleadings of the parties, the following issues were framed :

(3.) LEARNED Rent Controller decided issue Nos. 1 and 2 against the present petitioner whereas issue No. 3 was decided in favour of the tenant. The Appellate Authority affirmed the findings on issue Nos. 1 and 2 whereas finding on issue No. 3 was reversed on the ground that the present petitioner had ceased to occupy the building for a period of 10 years and therefore it has become unfit for human habitation. However, learned counsel for the respondent agreed that the contention raised by the learned counsel for the petitioner that it was not open to the Appellate Authority to reverse the finding on issue No. 3 in the absence of cross -objection having been filed. Therefore, the finding of the Appellate Authority on issue No. 3 cannot be sustained and it is reversed.