SURINDER SINGH BABRA Vs. BHUSHAN KUMAR SHARMA

JUDGEMENT

(1.) THE petitioner, through this petition, seeks to challenge the judgment dated 26.11.1981 passed by the Appellate Authority, Amritsar, by which the order passed by the Rent Controller, Amritsar on 9.6.1981 in his favour was reversed and petition for ejectment of Bhushan Kumar Sharma respondent was dismissed.

(2.) THE petitioner had moved an application for ejectment of the respondent asserting that except one room of the entire ground floor of Property No. 2361/III-28, Bagh Rama Nand, Gali No. 3, Amritsar had been rented out to the respondent on a monthly rent of Rs. 30/-. The tenancy had been terminated by a valid notice dated 9.4.1976. The ejectment of the respondent was sought on the grounds that the premises had become unfit and unsafe for human habitation as the R.B. Slabs of roof thereof have developed cracks and rainy water starts leaking percolating therefrom and that the walls are cracked and the whole structure is in the imminent danger of failing down and that the respondent is guilty of such act and conducts which amount to nuisance to the occupants of the adjoining building and the petitioner.

(3.) AFTER the filing of replication, from the pleadings of the parties, the following issues were framed :