BRIJ MOHAN Vs. ISHAR KAUR

JUDGEMENT

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

(2.) THE landlady Smt. Ishar Kaur widow of Mit Singh sought the ejectment of her tenant Brij Mohan from the shop in dispute on the ground that the building had become unfit and unsafe for human habitation. The Municipal Committee had also issued notices dated 21.4.1979 and 19.5.1979 under Sections 114 and 220 of the Punjab Municipal Act respectively, asking her to demolish the building as it was in a dilapidated condition. The upper storey, built on the shop had partly collapsed and the remaining portion thereof is likely to collapse at any time. It was also stated that the walls surrounding the shop are in a dilapidated condition and are likely to fall at any time. The landlady has to carry out building work and it cannot be carried out until and unless the tenant vacates the tenancy premises. In the written reply the tenant denied that the building had become unfit and unsafe for human-habitation. As regards the notices, it was stated that the same pertained only to the upper storey which was certainly in a ruinous condition, but it was asserted that the shop in his occupation was fit and safe for human habitation.

(3.) THE learned counsel for the petitioner contended that it was never the case set up by the landlady that the portion which had fallen was an integral part of the entire building or in any case was a substantial portion thereof. Thus, according to the learned counsel, in the absence of any such plea and cogent evidence to prove the same, it could not be held that the building had become unsafe and unfit for human habitaton. He also challenged the correctness of the judgment of the Division Bench of this Court reported in Sardarni Sampuran Kaur and another v. Sant Singh and another, (1982(1) R.C.R. 413) 1983 PLR 449.