ASHOK KUMAR Vs. RAMESH KUMAR

JUDGEMENT

(1.) Petitioner(tenant) is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the 'Act') against the findings returned by both the Authorities below, whereby ejectment application filed by predecessor of respondents(landlords) Ram Parkash on the ground of building becoming unfit and unsafe for human habitation was allowed by the learned Rent Controller, Khanna vide its order dated 28.04.2008 and the findings thereof were affirmed by the learned Appellate Authority, Ludhiana vide its order dated 28.09.2012. In brief, the facts of the case are that predecessor of respondents(landlords) namely Ram Parkash filed an ejectment application on the ground that the shop in question has become unfit and unsafe for human habitation and it can fall at any time. It was stated in the application that the entire ceiling of the shop has been covered by the petitioner(tenant) with Polythene Tarpaulin in order to prevent earth from falling from the ceiling and to prevent rainy water from falling inside the shop. Numerous other instances were mentioned in the ejectment application to support his plea. Apart from this, various other grounds were also taken by the respondent(landlord) in his ejectment application including that of personal necessity.

(2.) Upon notice, the petitioner(tenant) denied all the grounds that were taken by the respondent(landlord) and prayer was made for dismissal of the petition.

(3.) Replication was filed, wherein the entire contents of the petition were reiterated and those of the written statement were denied.