SIRI CHAND Vs. KALAWATI

JUDGEMENT

(1.) This is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) The landlady Smt. Kalawati sought the ejectment of his tenant Siri Chand primarily on the ground that the shop in dispute has become unfit and unsafe for human habitation. It was alleged that the wooden beam had become hollow being termite-eaten and a portion about 2'x2' had fallen down and the remaining portion was in a dilapidated condition and, thus, the premises in dispute had become unsafe and unfit for human habitation. In the Written Statement, the allegations were denied. The learned Rent Controller on the evidence on record as well as on the report of the Local Commissioner who appeared as AW2, came to the conclusion that the building had become unfit and unsafe for human habitation. Consequently, 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 has filed this petition here.

(3.) No meaningful argument could be raised to challenge the concurrent findings of the two authorities below. After appreciation of the entire evidence and the report of the Local Commissioner, a concurrent finding of fact has been given that the demised premises have become unfit and unsafe for human habitation. Primarily, this is a finding of fact and could not be challenged in revisional jurisdiction. Consequently, the petition fails and is dismissed with costs. The tenant is, however, allowed three months' time to vacate the premises provided all the arrears of rent, if any, and advance rent for three months is deposited with the Rent Controller within one month with a further undertaking in writing that after the expiry of the said period of three months, vacant possession shall be handed over to the landlady.