- (1.) CMs are allowed. Legal representatives' impleadment ordered subject to all just exceptions.
(2.) The petition is filed at the instance of the tenant who has been ordered to be evicted by the concurrent judgments of the Rent Controller and the Appellate Authority. The grounds of eviction by the landlord were non-payment of rent from 01.04.1984 to 31.03.1986 and cessation to occupy the premises for more than a period of 4 months prior to the filing of the petition. The landlord had a case that the tenant ceased to occupy the premises from the year 1982.
(3.) The tenant contested the claim on both the grounds and deposited also the rent payable during the period when the landlord was making a complaint that the tenant had been in default. Since the tenant had made the payment at the first hearing, the said ground does not survive consideration and the case would require to be examined only on the ground of the tenant's alleged cessation to occupy the premises.;