SUNDER DASS Vs. AVINASH CHANDER SOOD

JUDGEMENT

(1.) THIS is a tenants' revision petition against the order of ejectment passed against them from the shop in question on the ground that the building has become unfit and unsafe for human habitation.

(2.) AVINASH Chander, respondent, filed an application for ejectment under Section 13 of the East Punjab Urban Rent Restriction Act (hereinafter referred to as 'the Act') of the respondents from the shop marked A. B. C. D. E. F. G. forming part of a bigger building having five shops, situated in Kotwali Bazar, Hoshiarpur, on the ground that the building had become unfit and unsafe for human habitation including the shop in question. On notice, the tenants denied the ground of ejectment and pleaded that the shop required minor repairs which could be effected by spending a meagre amount of Rs. 440/ -. Another, application under Section 12 of the Act was filed by the tenants for permission to carry out repairs. Both the applications were disposed of by a common order by the Rent Controller. It was found that the shop had become unsafe for human habitation and the damage to the shop was beyond repairs. In view of this finding the application under Section 12 of the Act was dismissed and the application under Section 13 of the Act filed by the landlord was allowed and the tenants were ordered to be evicted. The tenants feeling aggrieved against the order of ejectment filed an appeal which was disposed of by the Appellate Authority by the order under challenge. The finding of unfit and unsafe for human habitation recorded by the Rent Controller was affirmed. The tenants, however, did not file any appeal against the order dismissing their application under Section 12 of the Act for repairs.

(3.) THE only ground that survives for consideration in this revision petition is whether the shop in dispute had become unfit and unsafe for human habitation.