SATYA NARAIN GOEL Vs. SH.MADAN MOHAN NAVITIA

JUDGEMENT

(1.) THE petitioner/tenant is in revision under Section 15(5) of the East Punjab Urban Rent Restriction Act,1949 (for short the EPURR Act) assailing the order dated 22.9.2009 passed by the learned Rent Controller, Amritsar and the order dated 13.1.2012 passed by the learned Appellate Authority,Amritsar whereby he has been ordered to be evicted from the demised premises comprising a room and a verandah on the ground floor of the building being unfit and unsafe for human habitation and material alterations without the permission of the landlord.

(2.) LEARNED counsel for the tenant has argued that in the building, of which demised premises forms a portion, there are around 40 other tenants against whom no eviction proceedings have been initiated and thus, he prays for a similar treatment. The other contention raised is that inspite of the orders passed in the year 2009 by the learned Rent Controller, the demised premises to date has not fallen down.

(3.) IT is not in dispute that the landlord has examined a Building Expert as AW-2 Arvinder Singh who has proved his report Ex.A1 and site plan Ex.A2 whereby it has been proved that the demised premises forms integral part of the entire building which is 125 years old and is made with Nanakshahi bricks with mud mortar and is in a dilapidated condition. It is also proved that the roof of one room of the demised premises is of wooden, fattles, planks, wooden battens supported by wooden shatters and affected by white ants. His version is further corroborated by AW3 Swaraj Singh who has proved on record the photographs of the demised premises showing that the demised premies has cracks and some portion of it in fallen down condition. Even the witnesses of the tenant in their testimony have conceded that the building is 125 years old and in a dilapidated condition. Thus, the argument that the building has not fallen down till date is of no assistance to the tenant since it is well settled that the Courts do not have to wait till the building actually falls down before ordering the eviction on the ground of building being unfit and unsafe for human habitation.