CR No.102 of 2007 28.5.2008 Present: Mr.Vijay Arora, counsel for the petitioners. Mr.Devinder Ghosh, vice counsel for the respondent. CMP No.282 of 2008 & C.R. No.102 of 2007: This application has been filed by the respondent (hereinafter referred to as the landlord) for permission to withdraw the original eviction petition filed against the petitioners (hereinafter referred to as the tenants). Briefly stated, the facts are that the landlords sought eviction of the tenants on the ground that they had ceased to occupy the premises in question. According to the landlord, it had not pleaded that the tenants had ceased to occupy the premises for a continuous period of 12 months without reasonable cause after the commencement of the H.P. Urban Rent Control Act, 1987. In fact one of the grounds raised in the eviction petition is that the pleadings are not in consonance with the provisions of the Act. This is obviously a technical defect. Therefore, the landlord is permitted to withdraw the eviction petition itself. The order of eviction passed against the tenants by the learned Appellate Authority vide the impugned order dated 23.4.2007 is set-aside. The order of the Rent Controller rejecting the petition of the landlord dated 25.6.2003 is also set-aside. In view of the fact that the landlord has been permitted to withdraw the eviction petition on the ground that the pleadings were not in consonance with the H.P. Urban Rent Control Act, 1987 the landlord is permitted to file a fresh eviction petition in the same causes of actions. In view of the withdrawal of the eviction petition itself, this Revision petition has become infructuous and is dismissed as such. May 28, 2008. (Deepak Gupta), PV Judge