NANAK SINGH Vs. DARSHAN KUMAR

JUDGEMENT

(1.) PETITIONER is aggrieved the order of ejectment passed on the ground that building is unfit and unsafe for human habitation. Tenant has also filed a separate application for directing the landlord to carry out necessary repairs under Section 12 of the East Punjab Urban Rent Restriction Act. The same was dismissed by both the courts below. Civil Revision No. 3214 of 1987 is directed against the said order passed on the application under section 12 of the Act. Therefore, both these revision petitions are disposed of together as common question of fact and law at arises.

(2.) LANDLORD has sought ejectment on the ground that the disputed shop in occupation of the petitioner is unfit and unsafe for human habitation. The said shop is integral part of the whole building as shown in the site plan Ex.A1. It was alleged that the substantial part of the integrated building has fallen. However, the tenant controverted the allegations of the landlord and pleaded that the building has been intentionally damaged and demolished by the landlord and therefore the ejectment petition is not maintainable. Apart from denying the fact that the disputed shop is integral part of the whole building, tenant has denied that the disputed shop is unfit or unsafe for human habitation.

(3.) LEARNED Rent Controller considered the reports given by the experts as well as the oral evidence led by the parties. The stand of the tenant that it is the landlord who demolished the part of the residential building was not proved on the basis of the photographs produced by the parties. The plea of the tenant that the landlord demolished the residential portion was not produced as RW3 Raj Kumar has not deposed to that extent. It is admitted by RW4 Des Raj that house on the back of the building has almost completely collapsed. The Rent Controller thus returned a finding that the plea that the landlord demolished the larger portion of the building in order to evict the tenant from a smaller portion, is not believable.