AJIT SINGH Vs. SUKHWINDER SINGH

JUDGEMENT

(1.) The tenant is in revision petition aggrieved against the orders of ejectment passed by the Authorities under the East Punjab Urban Rent Restriction Act, 1949, holding that the building has become unfit and unsafe for human habitation and consequently ordered the ejectment of the petitioner.

(2.) To return said finding, the learned Appellate Authority has relied upon the statement of P.N. Aggarwal, Civil Engineer, appearing as PW5 as well as that of Sh. V.K. Dhawan, Local Commissioner, who has given report Exhibit A.3, apart from the oral evidence of the parties. It has been found that the roof ABCD in the site plan has fallen and the roof of other room was in a dilapidated condition. It has also been found that the walls have cracked and the building material has lost its adhesive power and strength and the wooden balli was entirely eaten by white ants and insecticides. It was also found that wooden work of the roof was eaten away by white ants and the bricks of the floor of the buildings were completely broken and sagged.

(3.) Learned counsel for the petitioner has vehemently argued that in fact, the dilapidated condition of the building was on account of the illegal possession by the landlord for a period of three days, in which the premises were damaged. However, the said fact has been considered and it was found that there is nothing on record to prove such damage having been caused to the landlord as the petitioner has not produced any complaint made to the police in this respect.