ARJAN DEV Vs. PHUL CHAND

JUDGEMENT

(1.) This is landlord's petition in whose favour eviction order was passed by the Rent Controller but the same was set aside in appeal.

(2.) The learned Rent Controller himself made the spot inspection and on the basis of the evidence recorded and the spot inspection he came to the conclusion that "There is no doubt, and as, myself saw on 17.9.1976 after an on the spot inspection that the condition of the shop is pretty bad and it is unfit for habitation." In view of this finding the eviction order was passed. In appeal the learned Appellate Authority (Deputy Commissioner) reversed the said finding of the Rent Controller on the basis of his inspection note which he made himself on 18.1.1977. He observed, "I have inspected the shop in dispute in the presence of the learned counsel of the parties today. They have also been heard at length. The shop in dispute is very old constructed with small bricks but it is quite safe and is not in a dangerous condition." In view of this finding the eviction order was set aside. Dissatisfied with the same, the landlord has filed this petition in this Court.

(3.) No one is present on behalf of the tenant respondent in spite of service and issuance of an actual date notice.