JUDGMENT :

Dev Darshan Sud, J.

This is the landlord's petition against the order of the learned appellate authority allowing the appeal preferred by the respondent-tenant against the judgment of the learned Rent Controller ordering the ejectment of the respondent herein on the ground that he had ceased to occupy the suit premises for a continuous period of twelve months preceding the date of the ejectment order. It is undisputed that the petitioner is the landlord of the demised premises. He instituted petition for ejectment of the respondent on the ground of arrears of rent and he has ceased to occupy the premises for a period of 12 months continuously before the institution of the eviction petition. The respondent died during the Pendency of the revision and his legal heirs were substituted by the order of this Court dated 17.8.2007.

2. The learned Rent Controller on the settled issues out of which two of the issues were crucial, namely, as to whether the tenant was in arrears of rent and if so to what extent and as to whether the tenant has ceased to occupy the premises, held on the first issue that the respondent had not paid rent at Rs. 40/- per month w.e.f. 1.12.1987. The Court