M.M.Kumar, J.

1. This petition filed under sub-section (5) of Section 15 of East Punjab Urban Rent Restriction Act, 1949 , is directed against the concurrent findings of facts recorded by both the Courts below that the relationship of landlord and tenant exists between the parties and the landlord-respondent has rented the demised premises to the tenant-petitioner @ Rs. 800/- p.m. and he has failed to pay the rent w.e.f. 1.4.1987. It has further been held that the tenant-petitioner has made additions and alterations causing material impairment to the value and utility of the premises. The views of the Appellate Authority while affirming the findings of facts recorded by the Rent Controller read as under :

"After hearing counsel for the parties, I find that the appeal is liable to be dismissed because admittedly the appellant had been in possession of the demised premises as a tenant under Gian Singh and he had been paying rent to him. The appellant alleges that in December, 1995 he had handed over possession to Gian Singh which is denied and Ld. counsel for the appellant could not show any evidence to prove that he had surrendered possession in favour of Gian Singh. Now by