BHOLA SINGH Vs. RISHEV JAIN

JUDGEMENT

(1.) THIS is tenant's petition against whom application for ejectment filed by the landlord was dismissed by the Rent Controlled, but has been allowed in appeal.

(2.) THE landlord-respondent sought ejectment of his tenant from the premises in dispute, consisting of three room, one verandah and courtyard, with a handpump installed therein. The premises in question were rented out by the original owner Bhola Singh, vide rent note dated 6.10.1964, Ex. A. 1, on a monthly rent of Rs. 25/-. The ejectment was sought inter alia on the ground that the premises had become unsafe and unfit for human-habitation as one of the rooms had fallen and two rooms were in a dilapi-dated condition and were likely to fall down at any time.

(3.) THE learned counsel for the petitioner has contented that it was for the landlord to prove that the building has become unsafe and unfit for human-habitation after it was leased out. This, according to the learned counsel, the landlord has failed to prove that the building has become unsafe and unfit for human-habitation after it was leased out. This, according to the learned counsel to be dismissed on that ground alone. It was further contented that from the evidence on record, particularly from the evidence of the expert, produced by the parties, the learned Rent Controller rightly came to the conclusion that the building in question is not unfit and unsafe for human-habitation, but the said finding has been reversed has been reversed in appeal arbitrarily.