DEENA PAINTS (P) LTD Vs. SAROJ GUPTA

JUDGEMENT

(1.) The tenant - revisionist has invoked the revisional jurisdiction of this Court under Section 15(5) of the East Punjab Urban Rent Restrictions Act, 1949 (hereinafter referred to as the Act), challenging the judgment dated 15.10.2004 passed by the learned Appellate Authority, Ludhiana, whereby eviction petition of the landlady - respondent was allowed and revisionist - tenant was directed to hand over the vacant possession of the premises in question within three months from the date of the judgment to the landlady.

(2.) The brief facts of the present case are that Nathu Ram - landlord has filed eviction petition on the averment that vide rent note dated 22.07.1981, the revisionist was inducted as tenant on payment of rent of Rs.500/- per month. The tenant has gone into the arrears of rent since 21.07.1985; demised premises had gone unfit and unsafe for human habitation; the roof of shop no.6 had fallen two days prior to the institution of the petition; northern wall of the demised shop has gone out of plum having a bending of more than six inches; connection between the roof and the wall stands broken and it was apprehended that the roof along with the wall would fall down at any moment; the premises in dispute has outlived its age and utility; the walls have lost their grips and have tilted; some of the wooden battens of the shop have also fallen having been eaten by white ants who have also effected other wooden battens and shatirs and material alteration was also taken.

(3.) The tenant - revisionist contested the eviction petition and alleged that demised premises is still in a sound position and is not in dilapidated condition. It has further been stated by the tenant that roof of shop no.6 was laid down by the tenant with the consent of the landlord soon after it was taken on rent in the year 1981. Arrears of rent and material alteration are also denied vehemently.