MOHAR CHAND Vs. DALJIT KAUR

JUDGEMENT

(1.) THIS is landlords' revision petition directed against the order of the appellate Authority whereby order of the Rent Controller was set aside and in consequences thereof, application filed by the landlords (petitioners herein) for the ejectment of the tenant (respondent herein) was dismissed.

(2.) LANDLORDS sought ejectment of their tenant Daljit Kaur, from the first floor of house consisting of two rooms, bath-room, kitchen store and balcony besides the compound and a stair case, on the ground of non-payment of rent as well as on the ground of premises having become unfit and unsafe for human habitation. On contest, the Rent Controller ordered ejectment of the tenant on the ground that the building has become unfit and unsafe for human habitation. The other ground, i. e. non-payment of rent, was given up as on the first date of hearing, the tenant paid/deposited the arrears of rent with interest due thereon plus costs. On appeal by the tenant, the Appellate Authority set aside the order of the Rent Controller and in consequence thereof, dismissed the ejectment application. This order of the appellate Authority is being impugned by the landlords in the present revision petition.

(3.) MR. A. R. Takkar, Advocate, counsel for the petitioners, impugning the order of the appellate Authority, contended that the building in dispute is about 70 years old and is in a very dilapidated condition. According to him, roof of the ground floor have fallen and iron rods are seen hanging on the roof. In reply, counsel for the respondent, submitted that the demised premises are on the first floor and perfectly in good condition. Counsel for the respondent made reference to the report of the Expert as well as some of the evidence brought on record.