HINDU HIGH SCHOOL Vs. AKHIL BHARTIYA BHARGVA SABHA

JUDGEMENT

(1.) This is tenant's revision petition challenging the order of the Rent Controller dated 15.9.2006 ordering eviction of the petitioner from the premises in dispute on the ground that the same has become unfit and unsafe for human habitation and the judgment dated 2.3.2012 of the Appellate Authority, Rewari, whereby appeal of the petitioner has been dismissed by the Appellate Authority against the aforesaid order of the eviction.

(2.) Suffice is to say that respondent-landlord filed an eviction petition against the petitioner on various grounds. However, the Rent Controller ordered the ejectment of the petitioner on the ground that the building in question is unfit and unsafe for human habitation and that respondent-landlord is in the bona fide requirement of the premises in question.

(3.) However, on an appeal filed by the petitioner-tenant, the Appellate Authority held that the bonafide necessity of the respondent is not proved but upheld the findings of the Rent Controller to the effect that building has become unfit and unsafe for human habitation and, thus, ordered the eviction of the petitioner from the premises in dispute. The ground that the building has become unfit and unsafe for human habitation as set up by the respondent-landlord is as under:- "that the building in question is more than 100 years old and has become unfit and unsafe for human habitation." In reply, the petitioner had denied the said ground stating that the building was not 100 years old and the floor, roof and walls of the building were intact.