(1.) This revision-petition is filed by the tenant against whom the Rent Controller passed the order of eviction, which was confirmed by the Appellate Authority. The eviction, petition was filed by the respondent on the ground of non-payment of rent, and that the shop i.e., that premises for which the eviction is sought for, has become unsafe and unfit for human habitation. The Courts below upheld the plea of the respondent that the shop has become unfit and unsafe for human habitation.
(2.) I have heard learned counsel for the parties.
(3.) Counsel for the respondent took up a preliminary objection that the concurrent finding of facts by both the Courts below cannot be challenged in a Revision-petition. However, if a finding of fact is perverse or without any basis from the evidence, nothing stops the Court from going into the question. Therefore, what is to be seen is whether the findings arrived at are based on evidence or not ?