Vinod K.Sharma, J.

1. Landlord Sarabjit Singh had filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (for short the Act) against Narinder Singh, present petitioner for eviction from the shop in dispute on the ground that the petitioner herein was in arrears of rent from 1.1.1994 till the date of filing of the application. It was also pleaded that the shop in dispute had become unfit for human habitation.

2. In the written statement, the present petitioner denied the relationship of landlord and tenant between the parties and on the pleadings of the parties, the following issues were framed :

"1. Whether there is relationship of landlord and tenant between the parties to the suit ? OPP

2. Whether respondent is in arrears of rent since 1.1.1994 ? OPP

3. Whether shop has become unfit for human habitation, if so its effect ? OPP

4. Relief."

3. Learned Rent Controller decided issue Nos. 1 and 2 against the present petitioner whereas issue No. 3 was decided in favour of the tenant. The Appellate Authority affirmed the findings on issue Nos. 1 and 2 whereas finding on issue No. 3 was reversed on the ground that the present petitioner had ceased t