BACHH RAJ JAIN Vs. C.R. TRADING CO.

JUDGEMENT

(1.) THIS is a revision petition against the judgment dated 20.4.1981 passed by the appellate authority, whereby the appeal was accepted and the ejectment petition filed by the landlords for the ejectment of the tenant was dismissed.

(2.) THE facts, which are relevant for the decision of the present revision petition, are that the present petitioners had filed an ejectment petition under Section 13 of the East Punjab Rent Restrict Act, 1949, against the present respondent (tenant) from a shop, inter alia on the grounds that the property in question was in a dilapidated condition and was unfit for human habitation. It was alleged that upper two stories of the bulging had completely fallen down and the front portion of the wall was building out and that the Improvement Trust had already served notice upon them, declaring the building to be dangerous. The tenant-respondent in the written statement had alleged that the building in question was not in dilapidated condition and was not unfit for human habitation. It was alleged that building was a three storeyed building whereas the shop in question was on the ground floor. It was denied that the upper two stories of the building had completely fallen down or that the front portion of the wall was bulging out. After hearing both sides, learned Rent Controller found that the building in question was not fit for human habitation and accordingly ordered the ejectment of the tenant from the demised premises. In the appeal filed by the tenant, learned appellate authority reversed the finding of the learned Rent Controller and dismissed the ejectment petition. It was found that even if the building comprising of the first and second floor was in bad condition, still there was no evidence on record to show that the demised premises situated on the ground floor was in any manner affected by the bad condition of two upper portions. Aggrieved against the decision of the appellate authority, landlords filed the present revision petition in this court.

(3.) I have heard the learned counsel for the parties in the main case and have gone through the record carefully.