1. This petition has been filed by the Prem Sagar tenant challenging the order of eviction passed by the Rent Controller as also affirmed by the appellate authority. Darbari Lal respondent- landlord has filed the eviction petition against the respondent-tenants on the ground that they have ceased to occupy the rented premises for a continuous period of four months without any reasonable cause. The case of the landlord is that the premises belongs to him and the respondent-tenant had taken the same on rent. The petition before the Rent Controller for eviction was filed on the ground of arrears of rent; that the tenants have ceased to occupy the premises for a continuous period of four months without any reasonable cause and that they have committed acts which are likely to impair materially the value and utility of the premises in dispute. It may be mentioned here that the ejectment order was passed on the ground of non-user as mentioned above.

2. The case of the respondent tenant regarding non-user is that the contentions regarding non-user are not true and that the premises are not remaining locked and that the labourers of respondent No. 1 (before the Rent Controller) are