LAXMI NARIAN Vs. JAGDISH KUMAR KAPOOR

JUDGEMENT

(1.) This revision petition is directed against the orders of the Rent Controller dated 6.8.2008 and that of the learned Appellate Authority dated 17.11.2009.

(2.) The Respondent-landlord moved a petition under Section 13 of the East Punjab Urban Rent Restriction Act praying that the demised premises which is a shop has become unfit and unsafe for human habitation and sought eviction of the Petitioner and other grounds such as non-payment of rent was also taken by the said Respondent. The Petitioner controverter the averments made in the petition and while admitting the tenancy denied that the building was un-safe for human habitation. The rent was duly deposited which rendered ground of non-payment of rent as redundant. Consequently, parties went to trial on the following issues:

(3.) Rent Controller and Appellate Authority both concluded that building was unsafe for human habitation and hence ordered eviction of the Petitioner which has resulted in the filing of the instant petition wherein Petitioner has contended that prior to the filing of the instant petition, Respondent-landlord has filed a petition for eviction on the ground of personal necessity which is subject matter of revision petition before this Court. He further contended that the present petition is a mala fide exercise on the part of the Respondent-landlord because when he moved petition for his eviction on the ground of personal necessity, he did not pray that building was unfit for human habitation and therefore he was precluded from taking such a ground now. Report of expert witness has been produced by both the Petitioner and the Respondent. These reports are at variance with each other. Therefore, Rent Controller and the Appellate Authority could not have relied upon the report and expert produced by the Respondent so as to order his eviction. He thus contended that the orders of the learned Rent Controller and Appellate Authority are erroneous and are liable to be set aside.