MADAN LAL KAPUR Vs. NAND SINGH

JUDGEMENT

(1.) This revision under Section 15(5) of the East Punjab Urban Rent Restriction Act is directed against the order of the Appellate Authority, Amritsar, dated 21st February, 1966, reversing the order of the Rent Controller dated 31st August, 1965. In ejectment proceedings on the ground that certain portions of the house in question are unfit and unsafe for human habitation and that the whole of the building was, therefore, in a dangerous condition, the Rent Controller came to the conclusion that while a portion of the building in dispute had become unsafe, the rest, and by far the major portion, was in safe condition and that the unsafe portion could be suitably repaired. On this view, the prayer for ejectment was disallowed. We are not concerned with the other ground at the present stage.

(2.) On appeal, the Appellate Authority did not agree with this point of view and observed that the building work to be carried out in the present case was such that the tenant would have to vacate a part of the building before such repair work could be undertaken. This being the case, the tenant had to be ejected from the whole building and not merely a part thereof.

(3.) On reversion in this Court, the learned counsel for the petitioner has in his challenge against the order of the Appellate Authority placed reliance on Section 13(3)(a)(iii) of the East Punjab Urban Rent Restriction Act. This provision, so far as relevant, is as under :-