LAWS(P&H)-1991-8-64

BALWANT SINGH Vs. RAJINDER KAUR

Decided On August 05, 1991
BALWANT SINGH Appellant
V/S
RAJINDER KAUR Respondents

JUDGEMENT

(1.) THE impugned order of the Appellant Authority upholding the order of the rent controller, directing the ejectment of the tenant Lalwant Singh on the ground of sub-letting and that the demised premises, were unsafe and unfit to live in, warrants no interference in revision.

(2.) THE demised premises are a house situate at Nabha Gate, Sangrur. The evidence on record overwhelmingly establishes that the tenant Balwant Singh Badhar owns land in village Badhar and it is there that he and his wife had been residing since the last several years and it is Gurbachan Kaur, the niece of Balwant Singh's wife who has been in exclusive possession of the demised premises at Sangrur for many years now.

(3.) TURNING to the other ground for ejectment, namely; that the building was unsafe and unfit to live in, what clearly clinches the matter is the report of the Local Commissioner exhibit A/6, a reading of which shows that the one room at the back of the house had already fallen while the wooden balas of the other rooms had broken and the tenant had changed the wooden planks of the roof. This was, of course, denied by the tenant, but the report of the Local Commissioner and the map, prepared by him, at the spot, leaves no manner of doubt that the building is indeed unsafe and unfit for human habitation.