S.N.AGGARWAL, J. - (1.) GIAN Devi-petitioner had filed an ejectment petition on 25.3.1989 against the respondent-tenant on the ground of non-payment of arrears of rent and the shop having remained closed from April, 1988, without any reasonable cause or excuse. It was pleaded that the respondent has started another shop under the name of Ahuja Tailor School Dresses on the Railway Road, Bhiwani.
(2.) THE petition was contested. Preliminary objections were also pleaded. It was also contested on merits. The arrears of rent were tendered on the first date of hearing which were accepted by the petitioner. The closure of the shop was denied. Issues were framed. The parties led the evidence. The learned Rent Controller reached the conclusion that the ground for ejectment for non-payment of arrears of rent has become infructuous. However, it was held by the learned Rent Controller that the shop was lying closed with effect from April, 1988 without any reasonable cause or excuse. Hence, ejectment petition was accepted by the learned Rent Controller vide order dated 27.7.1991 and the respondent-tenant was ordered to be ejected.
(3.) THE respondent-tenant filed an appeal. The learned Appellate Authority reversed the finding of fact recorded by the learned Rent Controller and accepted the appeal vide judgment dated 5.2.1992.;