BHOLA NATH Vs. STATE

JUDGEMENT

(1.) This is an application in revision filed by one Bhola Nath who has been convicted under Sec. 8 of the Control of Rent and Eviction Act.

(2.) The facts of the case appear to be that there was a house in which Bhola Nath himself was living. There was a room in that house which had fallen vacant. An application was made by Smt. Tara Devi for allotment of the room to her. The house is said to have been old. Before that Bhola Nath himself had applied on 15-7-1953 that he wanted additional accommodation and his need was most urgent and genuine. No orders seem to have been passed on the application of the landlord and the room was allotted to Tara Devi and allotment order was issued to the applicant. Thereafter, it is alleged the applicant did not give the home to the allottee and, therefore, a case under Sec. 8 of the Rent Control and Eviction Act was started.

(3.) The defence of the applicant was that actually this portion of the house had become dangerous and a notice had been served on him, dated 28-10-1953 asking him to demolish that portion, by the Municipal Board as that portion had become dangerous to the neighbours. It was by virtue of that notice that he was compelled to demolish that portion of the house.