KALRA TRUNK HOUSE Vs. SUKHDEV MITTER

JUDGEMENT

(1.) THE tenants are petitioners before this Court. They have impugned the orders dated March 11, 1987 passed by the Rent Controller, Zira and orders dated February 22, 1989 passed by the Appellate Authority, Ferozepur. Vide the aforesaid orders, the learned authorities below have ordered the ejectment of the tenants.

(2.) THE ejectment of the tenants was sought by the landlord-respondent on the ground of non-payment of arrears of rent; change of user of the premises without the consent of the landlord; and the shop having become unfit and unsafe for human habitation. The landlord claimed that the rent of the shop had not been paid with effect from October 10, 1982. It was claimed that originally the shop in question had been let out and was being used for the purposes of selling and manufacturing of tin trunks and patties (boxes). However, later on the tenants had installed lathe machine and a welding set in the premises in question. This act was claimed to be a change of user. On that basis, it was further claimed that the aforesaid act had impaired the value and utility of the premises in dispute. The landlord further claimed that the roof of the shop in dispute had become unfit and unsafe and could fall at any time. It was made of shatiries, ballas and sirkies. The aforesaid sirkies had become useless due to old age. Some ballas were hanging and had left their original place. The shatiries had also been damaged by the white ants. Due to this condition of the shop the rain water falls in it. The tenants had covered the roof with tarpaulin. Even the walls are affected. Accordingly, it was claimed that the building has become unfit and unsafe for human habitation.

(3.) THE tenants filed an appeal before the appellate authority. The learned appellate authority re-appraised the entire evidence. On such re-appraisal, the learned appellate authority found that the tender of arrears of rent by the tenants on the first date of hearing was legal and valid. The finding recorded by the learned Rent Controller in this regard was reversed. However, the learned appellate authority also found that by installation of the lathe machine and welding set, the tenants had changed the user of the premises in question. The finding with regard to the condition of the building was, however, re-affirmed. Accordingly, it was held that the building in question had become unfit and unsafe for human habitation. On that ground, the appeal filed by the tenants was dismissed.