SOHINDER SINGH Vs. BARINDER SINGH

JUDGEMENT

(1.) THIS revision petition by the tenant-petitioner is directed against the judgment dated 10.10.1979 passed by the learned Appellate Authority under Section 15(3) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), whereby it has affirmed an order of eviction passed against him by learned Rent Controller.

(2.) THE landlord-respondent filed an application against the petitioner under Section 13 of the Act seeking his eviction from a shop bearing property Number 3723 situated in Model Town, Ludhiana. It was alleged that the shop was let out to the petitioner at Rs. 75/- per month. The eviction was sought on the ground of non-payment of rent and further on the allegation that the petitioner has ceased to occupy the shop in dispute for more than 1-1/2 years immediately preceding the date of filing the application and has thus rendered himself liable to ejectment. The petitioner opposed the ejectment application. He tendered the arrears of rent on the first date of hearing. He further alleged that the shop in dispute was taken on rent by him as a godown and is being used as such. He denied that he had ceased to occupy the shop as alleged. So, the only ground for eviction which was adjudicated upon by he learned Rent Controller was whether or not the petitioner had ceased to occupy the shop within the meaning of Section 13(2)(v) of the Act. The learned Rent Controller returned a finding on this point in favour of the respondent and therefore ordered the ejectment of the petitioner vide his judgment dated 15.2.1978. An appeal filed by the petitioner before the learned Appellate Authority failed and was dismissed vide judgment under revision.

(3.) NOW coming to the merits of the revision petition, it is to be noted that in the ejectment application the respondent specifically stated thus :-