CHANAN RAM Vs. RADHA DEVI

JUDGEMENT

(1.) This petition for revision is directed against the concurrent decisions of the Rent Controller and the Appellate Authority allowing the eviction of the tenant under section 13 (3) (iii) of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the Act). The Appellate Authority has arrived at the following findings of fact :

(2.) These findings are based on evidence, and are binding on me in revision. The learned counsel has not been able to point out any illegality or impropriety in the said findings. He has, however, relied on a decision of this Court in Ved Parkash and another v. Khushi Ram and another (Civil Revision No. 1334 of 1971, decided on 23rd November, 1972), for the contention that the case is not covered by sub-section (3) of section 13, of the Act, because the roof could be repaired. This contention cannot be accepted because the decision in Ved Parkash's case was under section 12 of the Act, and it has no relevance so far as section 13 of the Act is concerned.

(3.) For the reasons recorded above, this petition fails and is dismissed. There will be no order as to costs. The tenant is granted a month's time to vacate the premises provided he deposits the arrears of rent, if any are due from him within a fortnight from today.