MESSRS JOHRI MAL RAM LAL Vs. PARSHOTAM DASS

JUDGEMENT

(1.) THIS judgment will dispose of C.R. Nos. 1084 and 1093 of 1984 as the questions of facts and law involved are common in both the cases.

(2.) THE landlord Parshotam Dass filed two separate ejectment applications against his tenants who were occupying separate portions of the same building No. 247/2, Bazar Sandookan, Amritsar. One of the tenants was M/s Podar Metal Works whereas the other petition was filed against M/s Johri Mal Ram Lal, a sister-concern. The ejectment was sought, inter-alia, on the ground of non- payment of rent; that the entire building had become unfit and unsafe for human habitation; that the tenants had committed such acts as were likely to materially impair the value and utility of the building; that the tenants had sublet the demised portion of the building to the other respondents without the written consent of the landlord, and that the tenants had ceased to occupy the demised premises without any reasonable cause for a continuous period of four months, prior to the filing of the application for ejectment. These allegations were controverted in the Written Statement. The learned Rent Controller negatived all the pleas taken by the landlord, and, consequently, dismissed both the ejectment applications. In appeal, the most controversial issue was regarding the premises having become unfit and unsafe for human habitation. The finding of the learned Rent Controller on that issue was reversed by the Appellate Authority, and on that basis alone orders of eviction were passed. Dissatisfied with the same, both the tenants have filed these two petitions here.

(3.) I have heard the learned counsel for the parties and also gone through the relevant evidence on record. Before the Appellate Authority, an application was filed on behalf of the landlord for appointment of a Local Commissioner which was allowed vide orders dated 12th September, 1984. Accordingly, the Local Commissioner made his reports Ex.AW1/1, dated 13th September, 1984, and AW3, dated 18th September, 1984. In the report dated 18th September 1984, the Local Commissioner found as under: