- (1.) THE petitioner impugns the order of the learned Rent Controller and that of the Appellate Authority by which his eviction has been ordered from the demised premises on the ground that he has ceased to occupy the same.
(2.) THE petition under Section 13 of the East Punjab Rent Restriction Act sought the eviction of the petitioner on the following grounds : "1) That almost the shop in dispute remains closed. Especially in the month of April 1994 to October 1994 the shop in dispute remained closed. At present no business is being done which shows that the respondent has no interest to run the shop in dispute and now he has no need for it. As such he has ceased to occupy the demised shop. The respondent has closed the shop for more than four months without any sufficient cause. ii) That the respondent is not using the shop in dispute for purchase and sale of T.V. and other spare parts from 1991 onwards and the respondent is not doing any type of business at the shop in dispute. iii) That as the shop in dispute remains mostly closed, hence the landlady could not inspect her property as whether it is in good condition or not. iv) That the respondent is running his Karyana shop near to the shop in dispute and as such he is not interested in demised shop. v) That the younger son of the applicant is totally unemployed and the shop in dispute which is not properly utilized by the respondent is required for personal necessity of the applicant to run her daily life by settling her son. vi) That the respondent has not paid rent for the month of May, June and July, 1996 uptill now as such he is in arrears of rent."
(3.) FOR the determination by this Court the solitary issue that arises is as to whether the petitioner has justifiably been ordered to be evicted on the grounds pleaded by the respondent/landlady. Learned counsel for the petitioner has strenuously referred to the report of the Local Commissioner to contend that the findings recorded by the courts below are wrong. A reading of the Local Commissioner's report would indicate that on few occasions when the Local Commissioner visited the shop it was found open and it is from here that he seeks to derive an advantage in his favour.;