MOHINDER PAL Vs. HARI DASS

JUDGEMENT

(1.) THIS revision petition has been filed by the tenant against whom eviction order was passed by the Rent Controller and the same was affirmed by the appellate authority. The eviction was sought by the respondent-landlord on the following grounds :

(2.) THE Rent Controller ordered eviction on the grounds of premises having become unfit and unsafe for human habitation and the petitioners having materially diminished the value and utility of the premises. The appellate authority maintained the finding regarding the premises having become unfit and unsafe for human habitation though it reversed the finding regarding diminishing the value and utility of the premises by the respondent. Ultimately it maintained the order of eviction against which this revision has been filed as stated above.

(3.) COUNSEL for the petitioner-tenant has tried to show that the leased out part of the premises which can be termed as a premises (premises in question) has not become unsafe and unfit for human habitation though the said may be the position regarding the other part of the building in which the premises are situated. The premises in question consists of two rooms in a building which is double storeyed having three shops and a chaubara over all the three shops. The ground floor portion on which the shops are situated consists of two rooms. The respondents have produced the sketch of the building at Ex.A-2. The tenant witness was also produced sketch at Ex.R1. So far as situation of the rooms is concerned, there is no dispute regarding the same.