VISHWA MITTAR Vs. MANOHAR LAL MAKKAR

JUDGEMENT

(1.) THIS is tenants' petition filed under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for brevity, 'the Act') challenging concurrent findings of facts recorded by both the Courts below holding that the demised premises has become unfit and unsafe for human habitation. The Rent Controller as well as the Appellate Authority have recorded the afore-mentioned findings and had ordered ejectment of the tenant-petitioner on that ground.

(2.) BRIEF facts of the case necessary for deciding the controversy raised in this petition are that the tenant-petitioner Mohan Lal (now represented by his legal representatives) was inducted in the demised premises on 27.9.1975 vide rent note Ex. AW 6/1 at a monthly rent of Rs. 100/- p.m. On 4.9.1984, the landlord-respondent filed an ejectment petition against the tenant-petitioner setting up the grounds that the building has become unfit and unsafe for human habitation and bonafide personal necessity. He prayed for his ejectment as these are the grounds provided by Sections 13(3)(a)(ii) and 13(3)(a)(iii) of the Act. The Rent Controller accepted the plea of the landlord-respondent and ordered ejectment of the tenant-petitioner vide his letter dated 21.10.1986 and the Appellate Authority dismissed his appeal on 16.4.1996.

(3.) ON the question regarding condition of the building, the Appellate Authority referred to the statement of AW-1 Shri S.C. Vermani who had concluded that the building was unsafe and unfit for human habitation. The Appellate Authority also agreed to the afore-mentioned view while accepting the conclusion reached by the Rent Controller. The observations made by the Appellate Authority in this regard read as under :-