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2004 Supreme(P&H) 667

M.M.KUMAR
Ram Saran Dass – Appellant
Versus
Yog Raj – Respondent


Judgment

M.M.Kumar, J.

1. This is a petition under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, the Act) filed by the landlord challenging the concurrent findings of facts recorded by both the Courts below holding that the tenant-respondent has been able to establish that the demised premises did not remain unoccupied continuously from 1.2.1984 to 30.7.1984 without a reasonable cause. On that basis it was concluded that the tenant-respondent was not liable to be evicted under Section 13(2)(v) of the Act.

2. Brief facts of the case are that the landlord-petitioner filed Rent Application No. 34-2 of 24.7.1984, seeking ejectment of the tenant-respondent. The landlord-petitioner claimed that the demised premises were rented out to one Des Raj who is the father of respondents 1, 6 and 7 and grand-father of respondents 2 to 5. It was alleged that the respondents ceased to occupy the demised premises without sufficient cause since February, 1984 as the shop was lying locked from 1.2.1984 till the filing of the ejectment petition on 24.7.1994. It was further alleged that Yog Raj tenant-respondent I had left Ferozepur on 2.2.1984 and the tenant-respondents








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