GAIN CHAND Vs. NANAK SINGH

JUDGEMENT

(1.) The present revision petition has been filed by Gain Chand petitioner directed against the judgment of the Appellate Authority, Ludhiana, dated 20.8.1982. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order of the learned Rent Controller, Ludhiana and instead passed an order or eviction against the petitioner.

(2.) The relevant facts are that petitioner Gain Chand was a tenant in the suit premises. The respondent filed an eviction petition under Section 13 of the East Punjab Urban Rent Restriction Act (for short 'the Act') for eviction of the petitioner from the suit property. The sole ground that finally found favour with the learned Appellate Authority . was that as per the respondent, the petitioner kept the premises looked for the past 8 months. The petitioner had contested the said ground and denied the assertions so made. The learned Rent Controller on appraisal of the facts concluded that the respondent has failed to prove that the petitioner has kept locked the suit premises for 8 months as alleged by the respondent. The respondent preferred an appeal. The Appellate Authority on appraisal of the facts had upset the findings of the Rent Controller and instead passed ' an order of eviction holding that the petitioner has kept the suit premises locked for 8 months before filing of the petition. Hence, the present revision petition.

(3.) When the petition for eviction was listed for arguments, none appeared on behalf of the respondent. Therefore, the Court did not have the advantage of hearing the learned counsel for the respondent.