DAULAT RAM Vs. LAXMI NARAIN

JUDGEMENT

(1.) PETITIONERS are aggrieved against the order passed by the authorities under the Act whereby his petition for ejectment of the tenant, inter-alia, on the ground that the building has become unfit and unsafe for human habitation was dismissed.

(2.) RESPONDENTS are tenant of the premises on the first floor of the building owned by the petitioners, consisting of two rooms and bathrooms. The petitioners have alleged that the respondents had demolished 3/4th portion of the roof of the latrine without their consent and started construction of the said portion. But on the intervention of the petitioners, the construction was stopped. It was alleged that the tenant now threatened to use other latrine meant for the exclusive use of the petitioners. Respondents denied the allegation and stated that the premises are quite fit for human habitation and the story regarding its being in dilapidated condition is concocted one, Respondent No. 1 denied that they ever demolished the roof of the latrine and also stated that he is law abiding citizen and is father of young daughters and cannot think of indulging in any dispute.

(3.) BOTH the Courts have found that there was problem of water logging in the area of Muktsar and because of that certain cracks have appeared. There is no evidence such cracks have endangered the entire building of which tenant is in possession in part. It has been held in Division Bench of this Court in Sadarni Sampran Kaur and another v. Sant Singh and another, AIR 1982 Pb and Hr. 245 : 1982(1) RCR(Rent) 413 (P&H) that until and unless there is an evidence to the effect that the entire integrated building is in dilapidated condition, no order of ejectment can be passed. The petitioner has led evidence regarding unfit condition of the premises in dispute in possession of the tenant alone. In the absence of any evidence to the effect that the entire building is in dilapidated condition, the tenant cannot be ordered to be evicted. Both the courts have discussed the entire evidence and returned a finding that the building is not in a dilapidated condition and have not become unfit and unsafe for human habitation. In view thereof, I do not find any material irregularity or illegality in the order passed by the Courts below. Consequently, the petition is dismissed. Petition dismissed.