SITA RAM Vs. NIRANJAN DASS

JUDGEMENT

(1.) THIS is a tenant's petition challenging the order of ejectment passed by the courts below on the ground that the building has become unfit and unsafe for human habitation.

(2.) THE respondent-landlords have sought the ejectment of the tenant on the grund that he is a tenant of a shop bearing No. 5402/3 and of Balakhana. The Balakhana in fact situated over shop No. 5398-5399. It was the case of the landlords that his grand-father of the petitioner was inducted as a tenant in the year 1939 and that the building has become unfit and unsafe for human habitation. It is relevant to reproduce the grounds of ejectment which read as under :

(3.) IN support of his case the landlord appeared as A.W. 3 as also produced Krishan Lal Khurana A.W. 1 to prove the dilapidated condition of the building to seek ejectment of the tenant on the ground that the building has become unfit and unsafe for human habitation. A.W. 1 Krishan Lal Khurana proved on record his report Ex. P.1 regarding the condition of the building. On the other hand, the tenant himself appeared as R.W. 1 and closed his evidence.