V.K.Bali, J.

1. This revision has been filed by the landlord, who, even though in the matter of seeking eviction of the respondent-tenant, which is cooperative store, succeeded before the Rent Controller, as order dated 25.4.1988 was passed for eviction of the respondent, lost his cause before the appellate authority as the order of eviction passed by learned Rent Controller, in an appeal preferred by the respondent-tenant was set aside vide orders dated 5.8.1999. Hence the present revision.

2. The bare minimum facts, that need to be mentioned reveal that Piara Lal, the landlord-petitioner herein, filed an application under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 seeking eviction of Liquidator Cooperative Store from the shop situated in the Shastri Market, Kapurthala on two grounds, namely that the demised premises remained unoccupied or not used by the respondent without any sufficient cause for a period of 2 to 4 years and that the respondent had made additions and alterations without the consent of the petitioner. On the pleadings of the parties, learned Rent Controller framed the following issues;

"1. Whether the tender of the rent made by the res