ARUN KUMAR JAIN Vs. OM PARKASH

JUDGEMENT

(1.) ARUN Kumar petitioner-herein is the landlord. This Revision petition is directed against the order of Appellate Authority dated March 29, 1989 reversing the judgment of learned Rent Controller dated May 11, 1987 for eviction of the tenant Om Parkash, respondent-herein passed in a petition under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short to be referred as "the Act").

(2.) THE diary of the facts in brief is that the petitioner purchased the shop in dispute from Sudesh Kumar and Rajinder Kumar vide sale deed dated March 29, 1984 (Exhibit P1) and became its owner-landlord. The respondent was already in possession of the said shop as a tenant. The petitioner sought eviction of the respondent on the ground that the demised premises was in dilapidated condition and as such was unfit for human habitation. The respondent, however, refuted the averments made by the petitioner before the Rent Controller. On the pleadings of the parties, besides the other issues, the crucial issue framed was :- WHETHER THE PREMISES IN DISPUTE' IS IN DANGEROUS CONDITION ?

(3.) I have heard Ms Harsh Rekha, learned counsel for the petitioner and Mr. Arun Jain, learned counsel for the respondent. With their assistance, I have also gone through the entire record.