PRAKASH CHAND Vs. JAGDISH RAI

JUDGEMENT

(1.) This is a petition under Section 15 of the East Punjab Urban Rent Restriction Act, 1949 seeking a revision of the order of the Appellate Authority, Barnala directing the ejectment of the tenant-petitioner from a shop situated in Handiaya Bazar, Barnala, on the ground that the shop had become unsafe of unfit for human habitation.

(2.) The impugned order reverses that of the Controller who had dismissed the application of the landlord respondent with the finding that the shop in dispute had not been proved to be either unsafe or unfit for human habitation. That finding was based mainly on a note recorded by the learned Controller on the 4th of June, 1971, when he carried out an inspection of the shop. The main points forming part of that note are reproduced below for facility of reference.

(3.) The learned appellate Authority also inspected the shop in dispute and the structure above. it. His inspection note mentions the following points in relation to the condition of the shop.