SURESH KUMAR ALIAS SURESH CHAND Vs. MEWA RAM

JUDGEMENT

(1.) Vide this order I will dispose of four Revision Petitions, C.R. Nos. 1640 and 1641 of 1985 filed by Suresh Kumar, the tenant and Civil Revision Nos. 2601 and 2602 of 1985 filed by Mewa Ram and another, the landlords.

(2.) Two ejectment applications were filed by the landlords. In the first application they claimed ejectment of Suresh Kumar, inter alia, on the grounds of non-payment of arrears of rent for the period from 1-1-1979 to 31-10-1980, and that the shop in dispute was in a dilapidated condition. In the second application they claimed arrears of rent for the period from 1-10-198 1/07/1982 as well as that the building was in a dilapidated condition. Both these petitions were tried together and dismissed by the Rent Controller. However, the Appellate Authority accepted the appeals and directed ejectment of the tenant on the ground of non-payment of arrears of rent. With regard to the condition of the building both the Authorities held that the shop required repairs and was not in a dilapidated condition, thus not unsafe for human habitation.

(3.) In Civil Revision No. 2601 of 1985 filed by the landlord, on an application filed, local commissioner was appointed who submitted his report dated 23-1-1989 alongwith Annexure-P.1 containing four photographs of the shop in dispute. No objections to the report were filed. I have heard counsel for the parties.