MULKH RAJ Vs. RAJ KUMAR

JUDGEMENT

(1.) THIS order will dispose of Civil Revision No. 1182 and Civil Revision No. 2684 of 1984, as the question involved is common in these cases.

(2.) LANDLORD , Raj Kumar and Prem Chand sought ejectment of his two tenants, Mulkh Raj and Tek Chand inter alia on the ground that the premises in dispute are in dilapidated condition and are likely to fall any time and are unsafe and unfit for human habitation. The application was contested on behalf of the tenants. In the case of Mulkh Raj, tenant, the learned Rent Controller dismissed the application on the ground that there was no sufficient evidence to show that the premises in dispute in his possession was in dilapidated condition and not fit for human habitation. However, the said finding was reversed in appeal. The learned appellate authority found that admittedly, the roof of the Chaubara over the premises in dispute has fallen down and, this fact has been admitted by the tenant himself. Thus according to the appellate authority, it could not be held that the property was still safe and has not become unsafe for human habitation. Accordingly, the eviction order was passed. The tenant has filed Civil Revision No. 1182 of 1984 against the said order. In the ejectment application against Tek Chand, the learned Rent Controller found that the premises in dispute in his occupation had become dangerous and become unfit and unsafe for human habitation. Consequently, the eviction order was passed. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller and thus maintained the eviction order. Dissatisfied with the same, the tenant filed Civil Revision No. 2684 of 1984.

(3.) CONSEQUENTLY , both the petitions fail and are dismissed with costs. However, both the tenants are allowed three months time each to vacate the premises provided all the arrears of rent, if any and advance rent for three months are deposited with the Rent Controller within one month, with a further undertaking in writing that after the expiry of the said period, the vacant possession will be handed over to the landlords. Petition dismissed.