MANGAT RAI Vs. GURDIAL SINGH

JUDGEMENT

(1.) Mangat Rai petitioner-landlord sought the eviction of Gurdial Singh respondent-tenant from the premises in dispute, which is a double-storeyed small shop, on the ground of non-payment of arrears of rent and the premises being unsafe or unfit for human habitation and that he required the same for reconstruction.

(2.) The arrears of rent having been paid on due date, the controversy between the parties survived only in regard to the nature of the premises whether they were unsafe or unfit for human habitation.

(3.) Both sides, apart from appearing in support of their own respective cases, also examined expert witnesses. The petitioner-landlord additionally examined Gian Chand A.W. 1, Clerk, Municipal Committee, Malerkotla, who proved notices Exhibits A-2 and A-3 sent by the Executive Officer under Section 114 of the Punjab Municipal Act to the petitioner requiring him to demolish the shop in dispute.