MANGAT RAM Vs. PREM CHAND

JUDGEMENT

(1.) This revision at the instance of the tenant, who is a Halwai, is directed against the order of the appellate authority who reversed the order of the Rent Controller whereby the latter had dismissed the application of the landlord who had sought the eviction of the tenant, inter alia, on the ground that the shop in which the tenant was doing business of Halwai, had become unsafe and unfit for human habitation.

(2.) Findings of both the Courts below are that first floor of the premises had fallen down long time back and so had fallen down the stair-case leading to it. The southern wall was found to have gone out of plumb and had two cracks in its upper portion. The southern portion of the wall intervening the two rooms of the premises in question was also found to have gone out of plumb. The roof of the hack room of the premises was found to be in a very bad shape and required replacement.

(3.) The learned Rent Controller, whose inspection note tallied with the aforesaid findings, did not, however, consider the building to be unsafe or unhabitable and, therefore, dismissed the application of the landlord, but the appellate authority formed the view that on the basis of the aforesaid facts there was no escape but to hold that the building was unsafe and unfit for human habitation.