DES RAJ Vs. PROMILA KUMARI

JUDGEMENT

(1.) This revision petition has been filed by the tenant against the Judgment of the Appellate Authority, Kapurthala, dated 4th October, 1978.

(2.) Briefly, the facts are that Smt. Promila Kumari landlady filed a petition for ejectment under Section 13 of the East Punjab Urban Rent Restriction Act, inter alia on the ground that the shop in dispute had become unfit and unsafe for human habitation. The petition was contested by the tenant who controverted her allegations. The Rent Controller came to the conclusion that the shop had become unfit and unsafe for human habitation. Consequently he ordered ejectment of the tenant. In appeal by him, the finding of the Rent Controller was confirmed. The tenant has come up in revision to this Court.

(3.) The only question that arises for determination is whether the shop has become unfit and unsafe for human habitation. Both the authorities below have concurrently held that it was so.