SURENDER Vs. NAND LAL

JUDGEMENT

(1.) These matters were listed for hearing on January 18, 2019. The counsel for the respondents did not appear though the matters were passed over once and were called again for the second time. In these circumstances, we heard the learned counsel appearing for the appellant and reserved the judgment. However, in order to give an opportunity, this Court granted one week's time to the respondents to file their written submissions. Even when more than one week has lapsed, no written submissions have been filed by the respondents. In these circumstances, we have ourselves perused the entire record while considering the submissions of the appellant's counsel.

(2.) The appellant herein is the owner of the premises situated in Main Bazar, Old Najafgarh Road, Bahadurgarh, Haryana. In these premises few shops were constructed in mid 1960 [Though respondents had disputed the year of construction and according to them construction was carried out 30-40 years ago only.] by the father of the appellant and one shop each was let out by the respondents in these appeals. The premises are governed by the Haryana Urban (Control of Rent and Eviction) Act, 1973 (hereinafter referred to as the 'Act') as per which tenants can be evicted only on certain specified grounds. One of the grounds for eviction is that the premises let out is in dilapidated condition and cannot be repaired/reconstructed without evicting the tenant. The appellant filed eviction petitions against the respondents before the Rent Controller, Bahadurgarh, under Section 13 of the Act on the ground that the shops which are built up on mud had become unsafe, inhabitable and were in dilapidated condition. The Rent Controller was pleased to dismiss the eviction petitions after recording a finding that tenanted premises were not in a dilapidated condition. The appeal was preferred by the appellant against the orders of the Rent Controller before the Additional District Judge-cum-Appellate Authority under the Act. These appeals were also dismissed. Thereafter, the appellant filed revision petitions, which have also been dismissed by the High Court. Identical orders are passed dismissing these revision petitions and the operative portion of order dated July 09, 2015 passed by the High Court in the revision petitions is as follows:

(3.) The learned counsel for the appellant has made twofold submissions. In the first place, it was argued that during the course of the trial, the appellant had placed on record the report of an expert, viz., an Engineer who was also examined as PW- He also filed an affidavit stating that he had carried out physical inspection of the shop and gave a detailed report dated March 10, 2006, which was exhibited as Exhibit P-2. The condition mentioned by him finds mention at pages 29 and 30 in paragraph 19 of the judgment dated April 30, 2010 of the trial court. Relying on that report, learned counsel for the appellant argued that it speaks volumes about the state of existing construction and clearly shows that the shop in question is in a dilapidated condition. It states that cracks have been developed in the superstructure walls, RCC slabs of the stairs, roof projection. It also mentions that cement plaster has been eroded at some places leaving the bricks in the walls as naked and the naked walls have been eroded leaving their joints and coming out of the superstructure walls due to sudden dampness, efflorescence in walls caused by wash/waste water drains passing along with the rear walls of the shop. It also states that the roof projection deflected and cracks developed may cause heavy damage due to sudden collapse at any time. It also states that floor level of the shop is lower than the existing main road level, thus, attracting dampness from rain water and dry weather flow. Learned counsel for the appellant submitted that, no doubt, the respondents had also examined a retired Engineer as RW-4, who had filed his affidavit and his report was accepted as R-1. However, the report filed by RW-4 did not discuss the conditions of the shops and it only mentioned about the photographs of the roof and flooring which was taken with the help of a digital camera and the report also mentioned about Chhajja in the front side stating it to be in a good condition. He, thus, submitted that the findings of the courts below were totally perverse which relied upon the report of RW-4 and ignored the report of PW-