R.P. Nagrath, J. - (1.)This revision has been filed in terms of Sec. 15 (5) of the East Punjab Urban Rent Restriction Act, 1949 (for short 'the Act'), to challenge the order passed by the Rent Controller vide which ex parte order of eviction was passed and that of the Appellate Authority confirming the order of eviction mainly on the ground of non-payment of rent.
(2.)The Appellate Authority has not given decision on the other grounds of eviction i.e. the change of user of premises for the purpose other than it was let and that the petitioner-tenant committed such acts which have statedly diminished the value and utility of the demised premises materially.
(3.)The petitioner-tenant initially filed appeal against the ex parte order of eviction dated 03.5.1993 which was decided by the Appellate Authority on 30.10.1996, holding that there was no proper service of the petitioner before the Rent Controller. The matter was remitted to the Rent Controller for a fresh decision after affording proper opportunity to the parties to prove their respective claim.