ROSHAN LAL GARG Vs. RAM LAL

JUDGEMENT

(1.) This revision petition is directed against the order dated 1st August, 1980, whereby the learned Rent Controller permitted the respondent landlord (hereinafter referred to as the landlord) to inspect ceiling of the demised premises by partly removing the false ceiling constructed by the petitioner-tenant (hereinafter referred to as the tenant) at his own expense involving considerable expenditure.

(2.) To appreciate the illegality of the order, a few relevant facts deserve notice. The landlord sought ejectment of the tenant inter alia on the ground which is contained in paragraph 2 sub-clause (iv) of the ejectment petition that the shop is unfit for human habitation and carrying on business. There are two Chobaras on the shop and the Chobara at the back portion is in a dangerous condition and can fall any moment. Its falling will endanger the construction of the shop. The Chobaras and the shop are one unit and falling of its any portion can endanger the construction of the whole unit. The shop is in a dangerous condition. The tenant's reply to this paragraph reads as under :-

(3.) To this reply, the landlord filed replication in which he did not specifically deny the fact asserted in the reply that the Chobaras were in the tenancy of some other persons and that no ejectment proceedings were taken out against those tenants.