LAWS(P&H)-1982-2-81

AJIT SINGH Vs. RAM SARUP

Decided On February 10, 1982
AJIT SINGH Appellant
V/S
RAM SARUP Respondents

JUDGEMENT

(1.) This petition is by the tenant-petitioners whose eviction has been ordered by the Appellate Authority from the demised premises on the ground that the same has become unsafe and unfit for human habitation.

(2.) During the course of hearing on 29-1-1982 learned counsel for the parties agreed that a report be called for through a Commission about the latest factual position of the demised premises. Accepting to this request of theirs, I vide my order dated January 29, 1982, appointed Mr. Ravinder Seth, an advocate of this Court to visit the spot and to submit his report to the above-noted effect. This report has been received and is placed on the records of this case as Ex. C. 1. While preparing this report, he has also recorded the statements of both the parties which form part of this report. Learned Commissioner has concluded that but for room No. 4, practically all other construction which form part of the tenancy of the petitioners has either fallen down or is in a dilapidated condition which is likely to endanger the lives of persons occupying the same. Learned counsel for the parties do not seek to file any objection to this report submitted by the Commissioner.

(3.) Thus keeping in view the above-noted report and the findings recorded by the Appellate Authority with which I completely concur, I do not find any merit in this petition. It is patently established on record that the demised premises are unsafe and unfit for human habitation.