M.R. Verma, J.:- This revision petition, purporting to be one under Section 115 of the Code of Civil Procedure (hereafter referred to as "the Code") has been directed against the order dated 15.11.1999 passed by the learned Rent Controller, Nalagarh, whereby the application of the petitioners under Order 1 Rule 10(2) read with Section 151 of the Code has been dismissed.

2. The relevant facts are that respondent No.l (hereafter referred to as R-1) has filed an application for eviction of respondent No.2 (hereafter referred to as "R-2") under Section 14(2)(ii)(a)(v) of the H.P. Urban Rent Control Act, 1987 (hereafter referred to as "the Act") on the grounds that R-2 who was inducted as a tenant on 22.11.1986 in respect of the shop on KhasraNo.1070, Khewant/Khatauni Nos. 182/232 min, measuring 29.40 Square Meters, situate in Up Mohal, Naya Nalagarh, on payment of rent, has ceased to occupy the said premises for the last more than two years continuously and more particularly since 1.1.1997 till 31.12.1998. R-2, in his reply, has admitted the non occupation of the shop in question as alleged in the application, and it has been averred that he is an old man and is living in Pinjor