DES RAJ Vs. RAM DHARI AND OTHERS

JUDGEMENT

(1.) Des Raj, tenant-petitioner, has filed this revision petition against the order of the Appellate Authority, Jind, dated October 18, 1980, whereby the order of the Rent Controller, dated May 2, 1980 dismissing the landlords application for ejectment was set aside.

(2.) The landlords sought the ejectment of the petitioner from the demised premises inter alia on the ground that the building had become unsafe or unfit for human habitation. According to the allegations in the ejectment application, the demised premises, which consisted of a room were residential one. These allegations were controverted by the petitioner in the written statement and on the pleadings of the parties, the followings issues were framed by the Rent Controller :-

(3.) At the time of the motion hearing, it was submitted by the learned counsel for the petitioner, that the landlords had also filed an application for fixation of fair rent which was pending at that time. That application was filed on September 13, 1969 whereas the ejectment application was made on July 29, 1976. It appears that the landlords moved the said application for fixation of the fair rent as the proceedings in the ejectment application were being delayed for more than three years at the time when the application for fixation of fair rent was made. Under the circumstances it was of no consequence. Moreover, it has also been brought to the notice of this Court that the same was dismissed by the Rent Controller for non-prosecution on May 2, 1980.