GEETA BHALLA Vs. KRISHAN KUMAR

JUDGEMENT

(1.) THIS revision petition has been filed against the order passed by the Appellate Authority, Jalandhar, vide which appeal filed by the respondent-landlord, was allowed and the petitioners were ordered to be evicted from the shop in dispute and two months time was given to vacate the premises. The case set up by the respondent-landlord was that he was owner of the shop in dispute and Shri Yashpal Bhalla, husband of petitioner No. 1 and father of petitioner Nos. 2 and 3, was statutory tenant in the shop in dispute @ Rs. 7/- per month.

(2.) SHRI Yashpal Bhalla died about four years prior to the filing of petition, which was instituted on 5.5.1990, leaving behind the present petitioners as his heirs and thus they became statutory tenants by operation of law. Ejectment of the petitioners was sought on the following grounds :-

(3.) THE learned Rent Controller decided all the issues against the landlord and dismissed the rent application. Before the Appellate Authority findings on issue Nos. 1 and 3 were not challenged and therefore, these were affirmed. However, the learned lower Appellate Court on the basis of evidence on record, reversed the findings on issue No. 4 and held that the petition was not bad for non-joinder of necessary parties. This finding of the Appellate Court is not under challenge before this Court, and, therefore, the only dispute is with regard to issue No. 2 i.e. "Whether the respondent had ceased to occupy the premises in dispute for continuous period of four months without any just and reasonable cause as alleged." The learned Rent Controller on appreciation of evidence had given a finding that tenants were continuously doing their business in the shop in dispute and under no stretch of imagination it could be held that respondents have ceased to occupy the shop in dispute for a continuous period of four years (months ?), preceding the filing of the petition. Finding has been reversed by the learned Lower Appellate Authority by holding as under :-