LACHHMAN DAS Vs. SHRI ASHOK KUMAR

JUDGEMENT

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

(2.) THE landlord Ashok Kumar filed the ejectment application on 16th February, 1974, seeking ejectment of the tenant from the shop in dispute, alleging that the shop had become unfit and unsafe for human habitation as its roof had been entirely damaged and that some portion of the roof had also fallen down. The application was contested on behalf of the tenant. The learned Rent Controller found that the building had become unfit and unsafe for human living, and, so passed an order of eviction. In appeal, the learned Appellate Authority affirmed the said finding of the Rent Controller and, thus, maintained the eviction order. Dissatisfied with it, the tenant has filed this petition.

(3.) BEFORE the Appellate Authority both the parties agreed that the roof had been completely damaged, and therefore, it was concluded that if it was damaged, the same cannot be replaced without eviction. Moreover, on appreciation of the entire evidence, it has been concurrently found that the building had become unsafe and unfit for human habitation. That being a finding of fact, cannot be successfully challenged in revisional jurisdiction. Consequently, the petition fails and is dismissed with costs.