ROSHAN LAL Vs. KRISHAN LAL

JUDGEMENT

(1.) The petition filed by the respondent-landlord, for ejectment of the petitioner-tenant from the tenanted premises on an averment of the premises having been rendered unfit and unsafe for human habitation, came to be allowed by the learned Rent Controller. The finding therein came to affirmed by the learned Appellate Authority.

(2.) It is apparent, from a conjunctive perusal of the judgment rendered by both the Forums (learned Rent Controller as also learned Appellate Authority), that essential sustenance in support of the finding had been drawn from the report furnished by PW-7 Krishan Kumar Sharma, a qualified Civil Engineer, who had inspected the premises and given a finding that the tenanted premises are unfit and unsafe for human habitation. In detail, it was noticed that two karies of the roof (which was made up of wooden karies in entirety) were in damaged state. He further found that there were cracks in the walls and that a portion of the roof was in a bent condition. The site plan of the tenanted premises was enclosed by the witnesses aforementioned as Ex. PW7/2. The photographs of the tenanted premises, which were proved by PW-6 Pardeep Kumar, are also supportive of the finding recorded by the witness aforementioned.

(3.) In the course of hearing of the present petition filed by the petitioner-tenant, a Coordinate Bench (Sarya Kant, J.) directed on 30.11.2009 that the premises in entirety shall be inspected by the Executive Engineer, PWD (B&R) who shall furnish a report in the context to the Registrar of this Court. In granting that order, the Bench was persuaded by the fact that a period of nine years had elapsed after the filing of ejectment petition and it was deemed appropriate to ascertain the latest condition of the tenanted premises which is otherwise a part of a larger construction. In the initial report furnished by the Executive Engineer in compliance with the orders aforementioned, the Executive Engineer furnished the following report qua two shops in that building: