KARAM CHAND Vs. ROSHAN LAL

JUDGEMENT

(1.) This revision petition is directed against the order dated July 6, 1972 of the Appellate Authority exercising powers under the East Punjab Urban Rent Restriction Act. The eviction of the petitioner was sought on the ground of non-payment of rent and on the ground that the shop in dispute was unsafe and unfit for habitation. Both the learned Courts below have decided against the petitioner.

(2.) The learned counsel for the petitioner submits that there is no evidence on the point that the building is unsafe and unfit for habitation. The statement of the respondent-landlord has been read out before me. He has clearly stated that there were holes in the roof and the walls were katcha built. If from his statement, the learned courts below have drawn inferences against the petitioner, it is not open to me to re-appraise this evidence in exercise of revisional powers. Mr. Sarin further submits that the application for ejectment was filed on February 7, 1970, and the petitioner continues to live in the premises uptill this day. According to him, if the shop had not fallen down during these five years, it cannot be regarded as unsafe and unfit for habitation. There is no merit in this submission because the condition of the building is to be seen on the date when the application was made and the respondent had obviously no opportunity of leading evidence about the circumstances in which the petitioner was occupying this shop.

(3.) An offer has already been made to the petitioner that if the shop is re-built, the same would be offered to him. This shows that the respondent has acted in a very fair manner. I find no merit in this petition and the same is accordingly dismissed. The petitioner will be allowed one month's time for vacating the premises.