MANJIT SINGH Vs. JANAK DULARI AND OTHERS

JUDGEMENT

(1.) The present revision petition challenges the order passed by the learned Rent Controller, Barnala affirmed by the order of the appellate authority whereby the eviction of the petitioner-tenant has been ordered on the ground that the shop in dispute has become unfit and unsafe for human habitation.

(2.) To prove his case, the landlord had examined Dev Raj Gupta retired S.D.O. from the PWD (B&R) Department who was working as Consultant Engineer and Building Expert and who had examined the shop and submitted his report. As against that, the tenant examined one Bir Davinder Pal a Civil Engineer who stated that he had experience of Civil Engineering and Building Construction Project for more than 13 years. Besides this, both the landlord and tenant also appeared as their own witnesses in support of their respective cases.

(3.) The trial Court while considering as to whether or not the shop in dispute had become unsafe and unfit for human habitation, noted the deposition of Shri Dev Raj Gupta as hereunder: