Surinder Gupta, J. - (1.) THE revision petitioner was a tenant under the respondent in premises bearing No. B -1X -120 situated at Basti Road, Basti Adda, Jalandhar City. The respondent -landlady filed a petition under Section 13 -B of East Punjab Urban Rent Restriction Act, 1949 seeking the ejectment of revision petitioner -tenant on the ground of non -payment of rent and that he has ceased to occupy the premises in question for a continuous period of ten years without any reasonable or sufficient cause. The revision petitioner -tenant in his reply denied the averments of the respondent -landlady.
(2.) PLEADINGS of the parties led to the framing of issues as follows: - - "(1) Whether the respondent is in arrears of rent since Nov. 2000 at the rate of Rs. 150/ - per month? OPA (2) Whether the respondent has ceased to occupy the shop in question for the period of ten years continuously without any reasonable and sufficient cause? OPR (3) Whether the petition is not maintainable? OPR (4) Whether the petitioner has not come to the Court with clean hands and petitioner had concealed the material facts from the Court? OPR (5) Whether the petitioner has no cause of action to file the present petition? OPR (6) Whether the site plan attached with the petition is not correct? OPR (7) Relief." Issue No. 1 was not pressed by the respondent -landlord while issues No. 3 to 6 were not pressed by the revision petitioner -tenant and were decided accordingly. While recording findings on issue No. 2, learned Rent Controller observed as follows: - - "So, I hold that the respondent has sized (sic ceased) to occupy the premises in question and hence, is entitled to be evicted from the suit property."
(3.) THE revision petitioner was ordered to be ejected from the demised premises on the ground that he has ceased to occupy the same for a continuous period of ten years without any reasonable cause. Not satisfied with the order of Rent Controller, revision petitioner filed appeal which was dismissed by Appellate Authority, Jalandhar.;