JESSA RAM Vs. GOBIND LAL

JUDGEMENT

(1.) This is landlord's petition whose application for eviction has been dismissed by both authorities below.

(2.) The landlord sought the ejectment of the tenant from the premises, in dispute, inter alia on the grounds of non-payment of the arrears of rent at the rate of Rs. 80 per month, and that the building had become unfit and unsafe for human habitation. The arrears of rent were claimed from February 13, 1976 to June 30, 1977. The application was contested on the plea that the rate of rent was Rs. 15 and not Rs. 80 per month, and accordingly, the arrears thereof were tendered at that rate on the first date of hearing. The other allegation that the building was unfit and unsafe for human habitation was denied. The learned Appellate Authority affirmed the said findings of the Rent Controller and, thus, maintained the order rejecting the eviction petition. Dissatisfied with the same, the landlord has filed this revision petition in this Court.

(3.) The only argument raised on behalf of the petitioner is that the building had become unfit and unsafe for human habitation and that the Notified Area Committee had also issued notice to this effect. According to the learned counsel, adjacent shop, which is an integral part of the premises, in dispute, has also since become unfit and unsafe for human habitation. The tenant was, thus, liable to be ejected from the premises, in dispute. As stated earlier, the finding as to the rate of rent was not contested.