PURAN CHAND HALWAI Vs. KRISHAN KUMAR

JUDGEMENT

(1.) THIS is tenant's revision petition directed against the order of the appellate Authority whereby tenant has been ordered to be ejected after setting aside the order of the Rent Controller.

(2.) EJECTMENT of the tenant was sought on the ground of non-payment of rent impairment of value and utility of the premises personal requirement of the landlords and also on the ground that the tenanted premises in occupation of the tenant have become unfit and unsafe for human habitation, on contest, ejectment petition was dismissed by the Rent Controller. On appeal, the appellate Authority on finding that the premises have become unfit and unsafe for human habitation, allowed the appeal and in consequence thereof, ordered ejectment of the tenant. The order of the appellate Authority is being impugned in the present revision petition.

(3.) HAVING heard the learned counsel at length and on perusal of the record I am of the view that the finding of the appellate Authority calls for no interference. The appellate Authority on the appreciation of evidence on record, found that "eastern wall of the shop in question has fallen, battens are weak, its roof can collapse at any moment, this is a sufficient evidence to hold that the shop in question is unfit for human habitation as well as unsafe." As a matter of fact, inspection report of the Rent Controller itself makes it very clear that the shop in dispute has really become unfit and unsafe for human habitation. It would be appropriate at this stage to reproduce a part of the report which was also noticed by the Rent Controller :-