PARKASH WATI Vs. VISHWA NATH MAJOR

JUDGEMENT

(1.) AFTER partly hearing arguments in this Revision Petition, I find that a vital point which requires determination is as to whether the demised premises is fit for human habitation, or not. Prima facie it does not appear possible to come to a conclusive finding on this point on the basis of the material produced on the record by the contesting parties. It is, thus, expedient that an independent Expert should inspect the demised premises and submit a report on the above point. Accordingly, the Sub-Divisional Officer, P.W.D. (Building & Roads), Panipat (if no such officer is posted at Panipat then such an Officer at Karnal), is directed to inspect the premises in question after prior notice to both the parties, i.e., landlord and the tenant and submit his report to this Court regarding the condition of the building and as to whether the same is fit for human habitation, or not. For this purpose, the parties shall permit the above said Local Commissioner to enter the premises on a convenient date and time for the purpose of inspection. The Local Commissioner shall submit the report to this Court by November 2, 1983.

(2.) THE case shall now be listed for further hearing on November 7, 1983.