V.K.Jhanji, J.

1. This is tenants revision directed against order of eviction passed by the Rent Controller and as affirmed by the appellate Authority.

2. Vide rent-note dated 17.5.1965, shop in dispute was let out by one Mandir Bhagwan Dwarka Nath Ji, Gita Nagar, Nai Abadi, Hoshiarpur, landlord (respondent herein) to the petitioner at a rent of Rs. 4/- per month. Landlord sought eviction of the petitioner on the ground that he is in arrears of rent with effect from 1.2.1971 to 30.9.1980 and has ceased to occupy the shop for more than nine years.. In his petition for eviction, landlord averred that petitioner is not doing any business for the last nine years in the shop in dispute and it has remained closed upto the date of filing of the petition. Landlord averred that the petitioner has started his Tal, timber and stone crusher business under the name and style of Sud and Co. on Bahadurpur Road, Hoshiarpur. His brother died about nine years ago and since then he is doing the said business in the shop in dispute. On notice of the eviction petition, rent together with interest and costs was tendered by the petitioner and therefore, the ground of non-payment of rent does not