DES RAJ Vs. RAJ KUMAR

JUDGEMENT

(1.) Des Raj petitioner, who is the tenant, has filed the instant revision petition against the order dated 01.09.1987 passed by the Appellate Authority, Patiala, vide which the order passed by the Rent Controller, Patiala dated 03.10.1986 was set aside and order of ejectment was passed against him.

(2.) The respondent Raj Kumar (landlord) filed the ejectment application on the ground that the shop in dispute has become unfit and unsafe for human habitation, which was rented out to the respondent vide rent note dated 27.08.1973 at the rate of Rs. 900/- per annum. Though the said ejectment petition was dismissed by the Rent Controller, but on appeal the Appellate Authority set aside the order and passed the order of ejectment against the petitioner after holding that the premises in question has become unfit and unsafe for human habitation, therefore, the tenant is liable to be ejected.

(3.) The Appellate Authority has recorded the aforesaid findings on the basis of the report of Local Commissioner, appointed by the Court, who visited the demised premises on 06.11.1982 in presence of both the parties. His report is Ex.AW4/1, which has been duly proved by his testimony as AW4. It has been reported in the said report that the back portion of the shop mark B shown in the plan Ex.AW4/3 is in delapidated condition. It has been found that three battons of the shop were missing and that the upper side of the roof was visible. It has also been reported that four battons on the eastern wall had left their places and some of the battons were moth-eaten. In addition to the said evidence, the testimony of AW.3 Narinder Singh Bhatia, who was retired Civil Engineer, has also been relied upon by the Appellate Authority, who has corroborated the claim of the landlord and supported the report of the Local Commissioner. After taking into consideration all the evidence available on the record, the learned Appellate Authority found that the shop in question has become unfit and unsafe for human habitation and ordered the ejectment of the petitioner-tenant.